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View Full Version : Is this OT?? Texas


jon2234
06-26-2008, 08:36 PM
OK, my company is going to a new weird schedule. Week 1 i will work 44 hrs, M-TR is 9 hrs F is 8 hrs. Week 2 i work 36 hrs M-TR 9 hrs friday off

The only law i could find said if you worked over 40 you had to get paid 1.5 but the week could start anytime. So technically if they started the pay period friday 4 hours into the shift that would only be 40 hrs a week

Pattymd
06-27-2008, 03:26 AM
They're probably changing the definition of the workweek as well and this type of change is common with the schedule you're talking about. As long as the change is intended to be permanent, the employer can make this change.

Let's say the workweek is changed to start at noon on Fridays. Your schedule is as follows:

Mondays thru Thursdays 8-6, 1 hour lunch
Friday 8-5, 1 hour lunch at noon
Workweek #1, 9 hours worked for 4 days and 4 hours worked on Friday (8-noon) for a total of 40 hours.

Then Monday thru Thursday of the following week, same hours
Friday - off
Workweek #2, the remaining 4 hours from Friday (1-5 p.m.) plus the 36 hours worked M-TH for a total of 40 hours.

So, under this scenario no, it would not be overtime because of how the workweek is defined.

jon2234
06-28-2008, 08:57 AM
ok thanks for the reply, I figured thats what they were doing

Kinda splitting hairs here but they are saying this new work week is "trial basis" so if it doesnt work out and they go back to the regular 8 hour 5 days a week what defines "intended to be permanent"

Pattymd
06-29-2008, 03:28 AM
That DOES concern me a bit. Here are some relevant regulations.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.105.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.301.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.302.htm

You might want to call the federal DOL and ask about what a "trial" change means to overtime.

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