PDA

View Full Version : OT Calculation


AFSpaceVet
05-14-2005, 08:15 AM
I am an exempt employee, however, I do get OT as a shift worker in satellite operations in NJ. We work 12 hours shifts (Days and Nights). We have flip flopped a couple of times as to where the OT is counted; whether it is at the end of the week or on the actual days that we work outside of our regularly scheduled times. In the example below; Week1, I work a scheduled 48 hours with an extra 12 hour shift on Wednesday. So that is 60 hours total. 20 hours of OT. Should Wednesday be counted as 12 of OT or as 36 total hours up to that point? On Week2 I work 36 hours. No OT and no extra shifts.

Week 1:
M: Day
T: Day
W: Extra Shift (Was an OFF day)
T: OFF
F: OFF
S: Day
S: Day

Week 2:
M: OFF
T: OFF
W:Day
T: Day
F: Day
S: OFF
S: OFF

Is there any rule as to how OT is counted? On our previous time card system, if we worked on a day off, that day was counted as OT. Now we have changed it to, any hours over 40 at the end of the week are counted as OT. We also get night shift and weekend premiums which really throws a wrench in the works. Just looking for some consistency.

elklaw
05-14-2005, 08:36 AM
http://www.nj.gov/labor/lsse/lsindex.html
http://www.nj.gov/labor/lsse/wagehour.html#5662

These links should answer your questions about pay and how it is to be calculated. Below are excerpts from NJ law.
12:56-6.3 Actual wage basis

Covered employees shall be entitled to overtime pay based upon their actual wages and not the specified minimum wages.

Back to top

12:56-6.4 Workweek hours

(a) Covered employees shall be paid 1 1/2 times the regular hourly wage for each hour of working time in excess of 40 hours in any workweek.

(b) There is no requirement that an employee be paid premium overtime compensation for hours in excess of eight hours per day, nor for work on Saturdays, Sundays, holidays or regular days of rest, other than the required overtime for over 40 hours per week; provided, however, nothing shall relieve an employer of any obligation he or she may have assumed by contract or of any obligation imposed by other State or Federal law limiting overtime hours of work or to pay premium rates for work which are in excess of the minimum required by this chapter.

AFSpaceVet
05-14-2005, 10:51 AM
Thanks for the info. I'm not sure that I explained myself clearly. Anything over 40 hours, I am getting paid time and a half.

The problem is the company has changed how they count hours worked and where they put the overtime. If I worked an extra shift in the middle of the week on a day off, it was counted as OT. Now all the OT is counted on Saturday and Sunday.

In 24/7 operations do you starting counting hours worked on Monday and anything over 40 at the end of the week is OT even though you are not a Monday through Friday 9 to 5 job? We weren't doing this but now we are. I realize that a company can change their policies as necessary.

My understanding was anthing worked other than the regularly scheduled shift was OT.

Just wondering what the industry standard is.

Sue
05-15-2005, 12:51 PM
Hi,

The laws are that overtime starts for all hours over 40 hours worked in a work week.

If they paid you otherwise, it was their option and not a requirement.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements