So I work at red robin, and I work double shifts, the first is for $10 hour 3 hours. The second shift is for $5.15 hour 5 hour. This equals 8 hours in a day. Now I want to work more than 8 hours in a day, the boss tells me that if I am making less than $7.36 an hour and I work more than 8 hours day, then they gotta pay me overtime.


Well since I have 2 different pay rates, then he said he has to average out the total day which comes to about $6.97 hour. Is he right in combining the two pay rates, or are is his logic a little messed up? and is it really $7.36

but i would assume that that all depends on what job you are doing during this overtime...if you are doing the 10.00 an hour job,you should be paid that,if you are doing the less an hour job,you should be paid that. Like i said before though,i may be wrong and the senior members here know so much more...good luck!!

He is required to pay overtime at a weighted average of the two rates. But Patty or CMorgan will have to do the math for you; that's not my area of expertise.

well the $10 hr job is being a giant bird costume, and the second is bussing table.

Specifically what you are doing doesn't matter. The law about using a weighted average remains the same regardless of the actual duties.

OK, here's how it works:

Let's say you work a second 8-hour shift at $5.15

3 * 10 = $30
13 * $5.15 = $66.95

$96.95 / 16 hrs = $6.06 regular rate of pay

8 hrs OT @ $6.06 * .5 (premium portion of overtime; straight-time portion is already included in the $66.95) = $24.24

Total Pay = $66.95 + $24.24 = $91.19

I don't know where he's getting $7.36, but this is the minimum you must be paid under the federal FLSA.

you never cease to amaze me...you even include figures with your answers...maybe the poster could take that to his boss...and i learned something new again! Love this site :D

turbowray, I've been working in, managing, and consulting in the payroll area for the last 28 years. This is a basic concept learned and you can't get certified in payroll without the basics. It's just easier for the posters to understand if you give some real calculations. ;)

sometimes posters (like me) need visuals alongside the answers tee hee!

OK, here's how it works:

Let's say you work a second 8-hour shift at $5.15

3 * 10 = $30
13 * $5.15 = $66.95

$96.95 / 16 hrs = $6.06 regular rate of pay

8 hrs OT @ $6.06 * .5 (premium portion of overtime; straight-time portion is already included in the $66.95) = $24.24

Total Pay = $66.95 + $24.24 = $91.19

I don't know where he's getting $7.36, but this is the minimum you must be paid under the federal FLSA.


you know, this statment does not make since to me.

3 * 10 = $30
13 * $5.15 = $66.95

why exactly did you multiply 13*$5.15?
im working an 8 hour day, not a 13, nor am i working an 16 hour day, whish is what the 3 hr and the 13hr would make.

plese explain further....


and my boss said that he got his figure from the minimum wage gone into overtime. 5.15+2.575 which actually equals $7.725 so my boss is not only bad at math, but is on crak as well.

you know, this statment does not make since to me.

3 * 10 = $30
13 * $5.15 = $66.95

why exactly did you multiply 13*$5.15?
im working an 8 hour day, not a 13, nor am i working an 16 hour day, whish is what the 3 hr and the 13hr would make.

plese explain further....


and my boss said that he got his figure from the minimum wage gone into overtime. 5.15+2.575 which actually equals $7.725 so my boss is not only bad at math, but is on crak as well.
Poster,she started her statement with lets say you work a 16 hour day...this was a hypothetical example using the figures you stated with your posts and the two different pay scales. You only stated that you wanted to work more than 8 hours a day,if you can give patty a definate i will work this many hours at this job and this many hours at this job,her answer could be on the nose. :rolleyes:

Exactly. Poster, you said you wanted to work a double shift. I was assuming that was 16 hours. If it isn't, just plunk the numbers in that you actually do work. It's not that difficult. Just ignore the overtime piece of the calculation and stop there if you don't work overtime. :(

i was shooting for 10 hours a day, i suppose i could ask them for a raise so i could get over 8 hours a day, but i dont know if that will happen.

What does a raise have to do with how many hours they will allow you to work overtime?? Ya kinda lost me there lol. :confused:

Yep, me too. :o

What does a raise have to do with how many hours they will allow you to work overtime?? Ya kinda lost me there lol. :confused:


if he gives me a big enough raise then i can work 12 hour days and as long as i get less than 40 hours a week i wont get overtime.


but never the less the problem has been solved. everyoone at work has signed a contract saying that they dont mind not getting over time if they work more than 8 hours a day.

the contrat basically extends the 8 hour day rule, to a 10 hour day rule.


but thanks all for your help.

I went back and looked at Nevada overtime laws (I was dealing with federal in my earlier responses).

[/QUOTE]In addition, employees who are paid a base rate of one and one half times the minimum wage or less ($7.725) per hour may be entitled to overtime if they work more than 8 hours in any workday. There are a number of exemptions to this rule and federal wage and hour rules may apply. See NRS 608.018 for more information on exemptions.[QUOTE]

And here is the actual law.

http://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec018

As you can see, there is not an exemption from the daily overtime law (over 8 hours in a work day) for the type of work you do.

To summarize, then, you must be paid overtime if you work over 8 hours a day if you make less than $7.725 per hour and you and your employer have not mutually agreed that you will work 4 10-hour days.

So, the "paper" that you signed is in violation of Nevada overtime regulations. I doubt very seriously that it was a "contract", as one of the characteristics of a contract is that each party give "consideration" in signing it; you gave no consideration.

Contact the state Dept. of Labor.

as always you are on top of things...hope this guy gets the wages he wants lol...hope all is well with you!

I went back and looked at Nevada overtime laws (I was dealing with federal in my earlier responses).

In addition, employees who are paid a base rate of one and one half times the minimum wage or less ($7.725) per hour may be entitled to overtime if they work more than 8 hours in any workday. There are a number of exemptions to this rule and federal wage and hour rules may apply. See NRS 608.018 for more information on exemptions.

And here is the actual law.

http://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec018

As you can see, there is not an exemption from the daily overtime law (over 8 hours in a work day) for the type of work you do.

To summarize, then, you must be paid overtime if you work over 8 hours a day if you make less than $7.725 per hour and you and your employer have not mutually agreed that you will work 4 10-hour days.

So, the "paper" that you signed is in violation of Nevada overtime regulations. I doubt very seriously that it was a "contract", as one of the characteristics of a contract is that each party give "consideration" in signing it; you gave no consideration.

Contact the state Dept. of Labor.


yeah see the only problem with that is if i report him, then i wont make the money i want, and we were given the choice on whether or not we wanted to sign it without the risk of looosing our job.

and he said he wil give us 4 10hr days if we wanted.

Well, the 4 10-hour days thing is the only thing that's gonna save him. But if you decide NOT to want 4 10-hour days, then he MUST pay overtime if you work over 8 hours per day.

BTW, if an employee is fired for reporting a violation of law to the appropriate governing authority, the employee should contact an attorney regarding wrongful termination. It is a violation of whistleblower laws to discipline or fire an employee for that reason.

yeah we have 2 employee's out of 35 who have not signed the thing, and he told me that if they dont sign it then no one will be able to work doubles anymore.

i think the main problem is that he has employees who like there overtime and thoink that it is a rip-off to not get overtime, but what they dont realize that there 6-7 hour days that run into 8+ sometimes will never happen again becuase he will never schedule doubles again.


they are basically calling his bluff and dont think he will do what he says he will do.

another quesiton, Is my boss legally allowed to pressure these two in the way that he is, not threatening there job, but serouisly decreasing there pay?

Seeing as how he doesn't have to let anyone work overtime, if he wants to withhold 4 10-hr days if all employees don't sign, he can legally do so. Sorry.