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Movie Theatre = Farm Worker? Pennsylvania

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  • Movie Theatre = Farm Worker? Pennsylvania

    I know this may sound ridiculous, and I hope it does. I work at a movie theatre in Pennsylvania. I get paid minimus wage, I'm not complaining. I'm 18 and go to college and have it as a part time job. However, during the summer I worked over 40 hours a week. So this is my problem.

    1. Is overtime pay mandatory?

    We are payed in two week periods, I worked almost 110 hours within the two weeks.

    2. My boss said that the new minimum wage increase doesn't apply to two people. He said it doesn't apply to farm workers and it doesn't apply to movie theatre workers. I know that sounds far-fetched and I never heard of it? Can I please get some information?

    3. Sometimes my manager wants me to come to work for only an hour to put up letters on a sign, is it legal to have me work for only an hour, or is there a minimum amount of hours that we are allowed to be payed for at a time?

    Thanks much, I'd love to get these problems solver.

    Post Script - It's my first blog EVER.

  • #2
    Actually the new minimum wage that your boss mentioned doesn't go into effect until next year.

    Generally speaking overtime legislation covers nearly all employers with few exceptions. And as you point out, one of those exceptions are movie theater employees. I'm sorry; but your boss is on point.

    "The Pennsylvania overtime labor laws, however, covers every business in the state, or almost. This is where the unique character of Pennsylvania’s overtime labor laws can be seen. Pennsylvania excludes some very specific businesses from having to pay certain workers for overtime.

    Some of these exclusions include seamen, taxi drivers, maple sugar processors, and even news editors, chief engineers, and announcers for radio and television stations. Other employees excluded from earning overtime include movie theater employees and people who work at auto dealerships (Overview)."

    Oh! and congrats! on your first blog!!!!

    Comment


    • #3
      And, for your third question, yes he can. Only a very few states have a minimum reporting pay law, and PA is not one of them.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by Pattymd
        And, for your third question, yes he can. Only a very few states have a minimum reporting pay law, and PA is not one of them.
        Oops! Sorry that I overlooked the 3rd question! Good catch, pattymd!

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        • #5
          I'm glad you caught the first two, robb71. Note to self: Do not accept job as a maple sugar processor in PA.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            All right. Thanks for the information on the overtime pay. I'm guessing that covers holiday pay too?

            And you answered most of my questions, however you seemed to have overlooked the question whether or not movie theatres are bypassed by the minimum wage increase. I know when it takes affect, I just don't know if we get it or not.

            It isn't like I'm even going to be working there when it does take effect, I just want to know if shady business is going on.

            Thanks for the other answers though.




            Post Script - Who would even work in places that would get payed less than minimum wage? Illegal immigrants? It isn't like we're waiters, we're not getting tips.

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            • #7
              Yes, movie theaters are exempt from the overtime provision of the FLSA. It's a exemption that was codified in the 1930's and it has never been revoked. They are not exempt from minimum wage provisions.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                If your current hourly rate is below the new minimum wage rate that's to implemented next year, your rate should increase to the new minimum wage rate on its effective date.

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                • #9
                  I'm not sure what you're asking with regards to holiday pay but no law in any state requires that non-exempt employees (in any industry) receive holiday pay and no law in PA requires that non-exempt employees (in any industry) receive a premium for working on a holiday.

                  In fact, even those very few state laws that do require some employees to be paid a premium for working on a holiday, would not apply here.

                  Finally, no law in any state requires that unworked hours such as vacation or holiday pay be included in the calculation of overtime (for any industry).

                  For the benefit of other readers, the above assumes that the employer is non-governmental and that no CBA or employment contract that says otherwise exists.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    Woah you guys/girls...I think it would be most helpful to just answer the questions without going on a tangent. If someone asks a question, answer the question. The end. Quoting the law is enough, you don't have to go any further. Thanks for the answers. No thanks for the rest of the mumbo jumbo.

                    But you guys/girls who aren't completely ridiculous are great.

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                    • #11
                      Originally posted by t.c.simak
                      Woah you guys/girls...I think it would be most helpful to just answer the questions without going on a tangent. If someone asks a question, answer the question. The end. Quoting the law is enough, you don't have to go any further. Thanks for the answers. No thanks for the rest of the mumbo jumbo.
                      Um, we did that. But, sometimes we try to anticipate the next question (and most of the time, there is one). Others read these threads besides you.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        If you are unhappy with the way answers are provided, you are free to post your questions elsewhere.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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