I work at a brewery and usually work in the gift shop there as an assistant manager. I've been noticing my paychecks usually do not have any OT pay in them. I just received my paycheck and it was for 85 hours(over a 2 week span) from 3-16 to 3-31 but did not receive any OT pay. Since it is not typical work weeks would I not be able to claim any overitme pay? I am now starting to hold on to all of my pay stubs, this previous week i worked Sunday through Saturday and had almost 49 hours put in, so would that mean I would have nearly 9 hours in OT? I know that the kitchen almost refuses to pay OT, so when an employee is at 40 hours they tell them that they can't come in again until the next week.
Thanks in advance
DAW
04-08-2007, 06:50 AM
Have you ever been paid overtime by this employer? While job titles are legally meaningless, the fact you have a title of "assistant manager" might mean that your employer considers you to be Exempt from overtime under the FLSA administrative exemption.
If you are non-exempt (can't even guess yet), you get overtime if you work more than 40 hours in a work week.
received my paycheck and it was for 85 hours(over a 2 week span) from 3-16 to 3-31
That's semi-monthly pay and includes parts of three work weeks since there are sixteen days in it. Bi-weekly pay has only 14 days.
It is possible that, for the period, there was no overtime.
Whether the 49 hours put in from one Sunday through Saturday might be overtime IF that is the work week. Not all companies set up work weeks like that.
Sekkes85
04-08-2007, 07:46 AM
I have been paid OT previously but I was not an "assistant manager" at that time. The title really is meaningless, I pretty much run the store by myself, but do have a manager that takes care of all the ordering of merchandise.
So pretty much before I should complain I should find out what they consider to be a work week? I feel that if we are open every day a work week should be composed of Sunday through Saturday, we'll see what they think. I am earning less then $455 a week especially if it's a "work week" by most standards. I'll ask my general manager on Tuesday. I really wouldn't be surprised if I asked questions that they would be looking for any way what so ever to get rid of me.
Thanks for the help, I'll keep you informed Tuesday or Wednesday at the latest
ScottB
04-08-2007, 08:43 AM
Work weeks vary by company and, once set, are pretty much fixed.
The one for my security guard company runs Monday through Sunday.
Some of our temp clients run Thursday through Wednesday. Others do Friday through Thursday and still others Sunday through Saturday.
It doesn't really make any difference, in the long run, so long as you know how many hours you put in during a particular work week.
I take it you are being paid hourly.
Non-exempt, eligible for overtime.
Pattymd
04-09-2007, 03:08 AM
The one for my security guard company runs Monday through Sunday.
Some of our temp clients run Thursday through Wednesday. Others do Friday through Thursday and still others Sunday through Saturday.
Boy, am I glad I don't do YOUR payroll. :p :D
ScottB
04-09-2007, 04:21 AM
Boy, am I glad I don't do YOUR payroll. :p :D
Oh, it is not that bad.
The only problems that crop up are when a temp switches from a client on one work week to another one and we find ourselves having unbillable overtime. We use Crystal to generate invoices directly from the payroll data and the default is that OT is billable, so this becomes a headache.
Fortunately, it is a rare occurence.
Oh, there was the one former client that wanted a Monday - Sunday work week, but wanted her temps paid current on Friday by direct deposit, so we needed the time no later than noon on Thursday :( She is a former client because we did not like each other. Not all business is good business.
No one else ever insists on paying current, except when pay day falls on a holiday.
I did have to come up with a cheat sheet for the placement staff. Applicants would have questions about when the could expect to get their first paycheck and how many hours that might be for (assuming an eight hour work day). That would all depend upon the client and the day of the week they started. If they started on a Thursday for client X, it would be two full weeks before the first paycheck would be issued, but it would be for a full workweek (Thursday - Wednesday). If they started for client Y on Thursday, their first check would be the next day for one day's work.
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