mtcfd003
02-13-2006, 08:09 AM
CHINESE OT IN SC
Somebody PLEASE help me understand how this works for non-exempt.
I work 45 - 50 hours per week and get paid OT after 40 on a diminishing scale type of "Chinese OT". Basically, the more hours I work, the less I get paid per hour. How do companies get away with this? Does it happen anywhere else?
Pattymd
02-13-2006, 04:01 PM
This is a derogatory term for an approved pay method known as fluctuating workweek, or under certain circumstances, a Belo plan. In these methods, the employee is quoted a salary that is intended to cover XX hours per week. If the employee works less than XX hours in the week, they still receive their weekly salary. If the employee works in excess of 40 hours in the workweek, the salary covers the straight-time portion of overtime, and the premium portion is calculated by dividing the weekly salary by the number of hours actually worked, then multiplying that times the hours in excess of 40 X .5 (overtime premium).
Do your hours fluctuate below and above 40 in a workweek? Are you paid on a salaried basis (not as an exempt employee, just a salary)? If so, was it made clear to you that the quoted salary was meant to cover all the hours worked in a workweek? What happens if you miss, say, 2 hours for a doctor's appointment; are you paid?
bears00
02-13-2006, 08:20 PM
A Belo plan is not the same as "Chinese Ovetime."
I really, really, really hate the phrase, Chinese overtime.
mtcfd003
02-14-2006, 06:19 AM
I didn't mean to offend anyone.
I have e-mail my HRO to explain the overtime to me again. When I get that, I can get you the specifics.
Responses to "Pattymd"'s questions:
Hours do not go below 40. Scheduled workweek is 45- 50 hours per, with a rotating schedule for 10 hours on Saturday (about once a month).
If I miss a day I don't get paid for that day.
I punch a clock, time is recorded and turned in.
We are paid every two weeks.
If I miss an hour, I don't get paid.
Pattymd
02-14-2006, 10:51 AM
Then you are not under a specific pay plan exception and, in my opinion based on what you have posted, you are owed overtime and 1.5 times your regular rate of pay. What do they say when you question why you are only getting straight-time for your hours over 40?
mtcfd003
02-14-2006, 10:56 AM
The OT is paid, but at this funky/ weird rate. Not time and a half.
Like I said, I've got an e-mail into corporate now asking them to explain (in writing) how the OT pay works. When I get that, I'll post it so you can see.