Hello All
I am Glad I ran across this message board.
i have recently been hired at a company (Hourly Employee)
At interview i was told i would recieve overtime as followed

Any hours worked 8 per day
Any Hours After 40 Hours

my normal schedule is m-t 10 hour days
i have worked every friday 10 Hrs so far for 4 weeks

Now That Im working and recieve my pay i see 80 reg hours and 20 O.T.

when i ask about this they respond that im making 2 hrs overtime everyday for 5 days
But the way i add it up is i reach 40 hours after thursday so all of friday should be o.t.?
including 2 hours over everyday m-t.

has anyone got any response to this
they are doing all there employees wrong and have been from what i can tell.
not sure if i am first one to bring this up at this company wich i doubt since it is 30 years old.

The employee handbook even states as followed

overtime will be payed after 8 hours per day and after 40 hours
Saturday will be overtime regardless of previous weeks hours.


Anyone?? Thanks
Dobbie

They are paying overtime for all hours over 40 hours. Eg. 10 over time hours each Friday, for a total of 20 hours overtime.
This is required by law in all states.

They are also willing to pay overtime for working over 8 hours in one day,
2 * 10 for a total of 20hours overtime. So if you work over 8 hours in one day they pay you overtime even if you do not work 40 hours that week. This is not required in most states.



I believe they are following the law. The way you want to be paid would be calculating the overtime twice and paying for it twice. I doubt that that will happen. Check back for more official answers.

In states where daily overtime is required by law, the way you are being paid is quite legal.

You worked 50 hours.

Ten of those hours were daily overtime and you were paid for that.

Fifty less the ten daily overtime hours leaves 40 hours. Straight time.

There is nothing illegal about the way you are being paid and you are misreading the handbook.

FWIW, the company is exceeding the requirements of WV and federal law, since neither require daily overtime nor overtime for hours worked on Saturday (regardless of how many hours had been worked already in the week(.

Ok Here Is My Last 2 Pay Periods Why Is It Different If I Work 40 Hours Per Week


If I Work 80 Hours (4-10 Hour Shifts)i Get Paid 64 Reg And 16 Ot

If I Work 100 Hours (5-10 Hour Shifts) I Get Paid 80 Reg And 20 Ot


Why Is It Not 64 Reg And 36 Ot

After My Shift On Thursday It Is 40 Hours (isnt After 40 Overtime?)

Regardless That They Pay Me 2 Hours M-t It Still = 40 Hours

So Why Do I Not Get 10 Hours Ot On Friday?

Because they don't have to pay overtime twice on the same hours.

Look at it this way:

Monday - 8 hours regular, 2 hours ot
Tuesday - 8 hours regular, 2 hours ot
Wednesday - 8 hours regular, 2 hours ot
Thursday - 8 hours regular, 2 hours ot
Friday - no hours worked

Add those up, and you get 32 hours regular and 8 hours ot for the week. Times 2 weeks.



Your second example would be:

Monday - 8 hours regular, 2 hours ot
Tuesday - 8 hours regular, 2 hours ot
Wednesday - 8 hours regular, 2 hours ot
Thursday - 8 hours regular, 2 hours ot
Friday - 8 hours regular, 2 hoursa ot

Add those up and you get 40 hours regular and 10 hours ot for the week. Times 2 weeks.


You can record the hours worked as either regular pay or overtime pay, but not both. Your company is quite generous in paying OT on a daily basis when it is not required, and also generous in paying OT for Saturday hours regardless of what you work during the week. Theoretically, you could only work Saturdays and have it all be paid at the overtime rate.

Does this help?

Yes Thanks Everyone But


I Still Mean Regardless Of Rate Of Pay M-t It Still = 40 Hours

After 40 Is Ot By Law

Daily Overtime Is Generous And I Appreciate It But Why Take My 8 Hours Of Ot Away For M-t Just Because I Work More Than 40?

Does Anyone Understand What I Mean Or Am I Just Not Getting It?

Sorry For Stupidity But I Have Worked These Terms Before And I Would Recieve 64 Reg And 36 Ot For 100 Hours Worked This Would Be 10-(10) Hour Shifts But This Is Not How This Company Is?

Thanks Everyone

If I Work 80 Hours (4-10 Hour Shifts)i Get Paid 64 Reg And 16 O
Why Is It Not 64 Reg And 36 Ot

Because 64+16= 80 not 100

They have to pay you overtime if you work over 40 hours.
They are offering to pay you overtime if you work more than 8 hours in one day, so if you worked 10-8-8-8-6 =40 they would pay you 38 hours regular time and 2 hours overtime, 8 8 8 8 8=40 no overtime
10 10 10 10 10 = 50 =10 hours overtime no matter how you want to count it.

The way you expect to be paid overtime is not normal anywhere, not even in union shops. If you last job did this, I would go back there and get a job, because double double overtime is too good to be true.

I think the part that is confusing is: "After 40 hours" It would be after 40 hours of Regular Pay. Mon-Thurs you have accrued 32 hours of Reg Pay and 8 hours OT. You need to work 8 more hours of Reg pay.

Once an hour has been counted as daily OT, it is not eligible toward weekly OT. You can't be paid OT twice on the same hrs.

Part of the problem is we have legal requirements (hours past 40 in the week) and the possibility of additional compensation requirements related to express or implied company policies which none of us have actually read.
- Labor law requirements are easy. That is hours worked past 40 in the workweek must receive a 50% premium past regular rate of pay. However labor law requirements end there.
- The OP is basically claiming that the company's internal compensation policies unrelated to labor law obligations have created additional requirements. Maybe. Maybe not. The problem is that we are now talking about contract law related to what is probably an implied contract that none of us have read. If the OP is serious about this second issue, then the OP needs to take all documents supporting the contract law claim to a MD attorney specializing in contract law. This is not the sort of thing that could be succefully resolved without reading the supporting documents (if any). I will say that the chances (based on what is described) is a legally enforcable policy is not good. Not impossible, but not good. This is the sort of thing that based on what was said I would be willing to make a $20 bet that it is not enforcable.
- Not the OP's question, but this is one of the reasons why it is (IMO) a really bad idea for employers to try to confuse legal obligations (overtime) with compensation policies. Use of shift differentials or some type of bonus would (IMO) achieve the same result without raising the question of possibly legal violations. This employer has (IMO) a foolish policy.

Thanks Daw
That is exactly what i was asking.
i know that legally they are right but having employee handbook saying this and its not completly true statement. I was just trying to prove a point.
And yes i have got Paid this Way Before but it was as independant contract work.

I guess i just dont like to be told (inticed) with one thing.
Then once i start they say were sorry your stupid for thinking that.
So to speak.

Thanks again everyone and i would be happy to show anyone the handbook.\
Dobbie