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Daily Overtime in PA? HELP PLEASE! Pennsylvania

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  • Daily Overtime in PA? HELP PLEASE! Pennsylvania

    Hello,

    This is my first post here, so bear with me please.

    I have been with my employer for approximately 2 years now. Since day one, I have been paid on a sliding scale based on 3 different rates. These rates are based on where I am working and if it is over 8 hours worked in the day. I will do my best to explain, and if anyone would like to see my time-sheet, I could email the .xls to someone to take a look at for clarification purposes.

    I am a service technician that is on the road 90% of the time. If I am in the "shop" or in the "office" (S) I receive $20/hr. Travel time (T) and labor time (L) at the customer is $25/hr. If at any point, the time stacks up to over 8 hours in the day, it rolls up to the next higher "rate," which the owner likes to refer to as "overtime."

    For example: I spend 4 hours in the shop (4S), 2 hours traveling (2T), and a full 8 hours at the customer (8L). My hourly breakdown for the DAY would be:

    4 hours at 20 (4S)
    4 hours at 25 (2T + 2L)
    6 hours at 30 (6L) *this is the "overtime" rate!

    At the end of the week I usually look something like this : 8.5/34.5/9.5 (20/25/30). Sometimes its swayed a little, such as 25/28/10. I very rarely see a week under 50 hours. More common is a 55-60 hour week.

    So, obviously, I have questions about this. I always have. I have confronted him before about it, and he just states that this is how he has done it for 15 years. He tells me that its perfectly legal. SO, to make up for the lame wage I receive for the incredibly hard job I perform (not relevant, sorry), I just work the pay-scale to try to get as many hours in the $30 column as possible in a 2 wk period.

    Is this all legal? How would I even try to sort all of this out monetarily?

    I think I have read through a bunch of the other posts about this kind of thing, but didn't see any threads that came close to this accounting craziness!

    PLEASE HELP ME!!!! (Please look at my other thread in the Workers Comp section too...yes, this guy hasn't had WC since 2006!!!)

  • #2
    Probably not legal. Unless you need advanced degrees in something to do whatever it is you do or you are using the Space Shuttle to fix the Hubble Telescope, you are almost certainly non-exempt. Someone who legally needs to be paid at least minimum wage for all hours worked, and overtime for hours worked past 40 in the workweek. The big question is travel time. Not all travel time is legally hours worked. The travel time rules are 29 CFR 785.33 through 785.41.

    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      If I am reading all of this correctly, I am covered under 29 CFR 785.38 http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.38.htm for the travel time. I DO NOT get compensated for travel to and from our "office." I get compensated for portal to portal. This is how the customer gets charged as well.

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      • #4
        Also, the real question here for me I think, is can I go after the money that is "owed" to me? Do I have a legitimate case?

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        • #5
          You can file a claim with the state Dept. of Labor for what you feel is unpaid overtime.

          BTW, there is not a "daily overtime" requirement in PA (and the majority of other states); overtime is determined on a workweek basis only.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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