Howdy folks. I live in Binghamton, NY.
Started at coca cola about 9 months ago, in their warehouse. I've since been moved to merchandiser. At any rate it was called by the manager, chinese overtime. He couldnt fully explain it to me. Therefore I had no clue really. I know one thing, i basically had to take the job.
At any rate, I have nothing to do with sales whatsoever, and my job duties are such, that its really harder then when I was in the warehouse as a pallet builder. In fact i lost 20 pounds my first month merchandising!!!! lol.
At any rate, obviously the more hours I work, the less I make. As far as overtime. If I work less then 40 hours, which only happened ONCE, I heard about it. In other words, the quote from my manager was "I dont care if my merchandisers get done early from time to time, however dont make it a habbit. I have nothing to do with sales. In fact im really just a stock clerk. I go in, strip pallets in accounts, and fill depleted shelves.
Recently, they have been adding stores to my route. Making it very hard to even think about working just an 8 hour day.
They post a schedule, which has what stores you'll do that following week, along with what time your expected to start. No mention of stop times. I did one day get done in 8 hours, and my last store suffered. ( Its not a good attitude, i know, but I confessesd to myself not to work for 4.00 dollars an hour, i mean after 8 hours of throwing soda cases around, im spent as it is) at any rate my last store suffered, and called, and complained. My manager asked what the deal was. I said i ran out of time. He said, there is no time here. You work till your done. Like I said before, if you do get done early, its well known in the plant, that you shouldnt punch out, cuz you'll "hear about it".
I dont know guys, this is very hard, manual unskilled labor, and to pay this type of work this chinese overtime, seems hard to swallow/believe.
Be it known that the warehouse job at the same plant before paid the normal, time and a half pay per each hour after 40. To go from working 10 hours overtime a week at time and a half to 10 hours a week overtime for 40 bucks......well. Yeah Im alittle upset to be honest. Job hunting anyone?
So, i was curious, does this glorified stock clerk job enable them to pay me like this?

Exempt status has nothing to do with job title, but the job duties.

I can't tell you how you should be classified under flsa because its based on your primary duties, as well as pay. I dont know either.

What I can say is that if you are an hourly (non-exempt) employee, you must be paid 1.5x base for any hours over 40 for a seven consecutive day work week.

Ask your hr person how you are classified under flsa.
If you then think you are classified in error, you can see:

http://www.dol.gov/esa/whd/

Very good then, thank you.

From what I have read at that site you posted, it appears I can not be labeled exempt.
I perform, by coca colas own discription of the job, merchandiser, routine, repetitious, heavy lifting. I have nothing to do with sales, as I simply restock depleted shelves with product. I also do manual labor in back rooms of said stores, such as off stacking pallets of products. My coca cola has salesman that perform sales duties. Although they too, merchandise from time to time.
I just find it odd, that when I was in the warehouse at coke, I was paid time and half for manual labor. But when put in as a merchandiser, i recieve this "chinese overtime". And playing on both sides of the coin, the merchandising job is in fact, much more harder, as far as labor. Like I said, I lost over 20 lbs in my first month merchandising. ;)
My duties are strictly labor inducing, and requires little to zero thought process other then, how many cases of coke, and sprite need to go on the shelf....
I guess what im asking here, is if you guys think I have a legit case to bring to the labor board. Or would they laugh at me? Looking for peer pressure i guess.

I really, really, really, really, REALLY hate the phrase, Chinese overtime. It's rude and it's racist.

I understand its rude and what not. Consider this, i have never heard of it before joining coke. Also, it was the lead plant manager that used this phrase. I thought it was odd as well, at best.

Still, is it legal for coke to pay me the fluctuatiing worksheet, for hours after 40, doing the type of work I do? From what i've been reading, I dont think so. I just wanted some opinions from you folks.

You may first want to question your HR or payroll administrator as to why you are exempt. There may be something in your job description that justifies.

If you dont get an answer from them that you feel is adequate, then you may want to go to your dept of wage and hour.

The fluctuating workweek pay method has to do with salaried nonexempt employees, not exempt. Are you paid a weekly salary that has been made clear to you is for all hours worked in the week (excluding the overtime premium only)? Do your hours fluctuate greatly and often?

it was made clear to me, that yes, i would make 100.00 dollars a day. Thats how they told me.
So, they said, you will make 100.00 dollars a day, and then for every hour after 8 hours, I would use the fluctuating worksheet method. (works out to like 4 bucks an hour, on average.)
I guess where im confused, is from what I've been reading, is that with regards to the type of work I do, IE: no sales work whatsoever, and intensive, repeatitious, manual labor, well, Im under the understanding that the FLSA states, that type of position requires time and a half for overtime.
So thats where im confussed.
Man, the rules are very grey, I guess huh?

You can read about the fluctuating workweek method here. However, you must be paid a weekly (not daily) salary in order for this to apply.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.114.htm

oohh ok, they were calling it a "daily" rate, or "day rate" of $100.00 dollars per day. Not sure at this point if im considered Exempt or Non Exempt. Also not sure if i am paid a "daily" salary, or a "weekly" salary. So far all things point to as coca cola calling it a "daily" salary.

Like I said previously, after 8 hours of heavy lifting, and pulling, and what not, my body isnt ready to work more hours. ESPECIALLY knowing full well, that I will recieve an average of 4.50 cents per hour for each hour after 8. I sorta lose my get up and go, and coke pride after 8 hours. And its hurting my work. :(
I came from pepsi cola in the same district, doing the same job. However Pepsi had no problem paying Time and a Half for each overtime hour worked. So....... argggghh. I just cant believe ..that both legaly and moraly, someone actually thinks paying roughly 4 bucks an hour to move literaly TONS of coke around, to be fair ....in the slightest...well. i cant believe it is all.

I don't know what else I can tell you. You're perfectly free to file a claim with the state Dept. of Labor. They will investigate and make a determination as to whether you are being paid in accordance with the law.