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Contractor Employee Overtime Utah Utah

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  • Contractor Employee Overtime Utah Utah

    I work for Postal Service contractor driving an 18 wheel truck. I don't receive overtime pay, yet my regularly scheduled hours are a min. of 50 hrs per week. I am paid based on the hours I've record on a timesheet, but does this some how work out to be a form of "Salaried Pay"?

    Because my employer has negotiated a contract with the USPS, does this not entitle me to OT?

    Also, I am paid a base rate, and then there are health and welfare, and vaction pay added in to that. I get paid well, but I work alot, and after 80 hours I lose the H&W and Vacation pay, plus there is no OT after 40/80 hrs.

    The company where my wife works, recently had to pay some of their employees back pay because they had worked max hrs+ and so it made me wonder.

    Thanks in advance,
    Drew

  • #2
    Nonexempt employees covered under a union contract are not entitled to the overtime provisions of the FLSA, with certain conditions. See Section 7(b) here (pg 9, left-hand column):
    http://www.dol.gov/esa/regs/statutes/whd/0002.fair.pdf

    Having said that, do you get half-time for hours worked over 40? Over 50?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I have no union involved, so that won't make me exempt. But, my employer did have to win a contract for my route, so would that qualify as the "negotiation"?

      My hours over 80 are paid straight time.

      My employer pays us our accumulated vacation pay on our current check, instead of holding it untill we take a vacation day.

      We also don't have insurance benefits through my employer, so they pay more in our wage, for us to use as a personal premium. After 80 hrs I lose this also.

      I hope I answered you correctly.
      Drew

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      • #4
        Nope, that's not going to do it.

        I don't have time right now to give this the proper answer it deserves, but I'll get back to you later tonight.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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