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Overtime pay after 40 hours a week

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  • Overtime pay after 40 hours a week

    When your pay periods are every other week, and you work 50 hours in the first week and 30 hours in the next week, is the employer required to pay 10 hours of overtime for the hours exceeding 40 in the first week? Or are they allowed to average the hours out over a two week period and only pay overtime after 80 hours in the pay period?

  • #2
    In what industry? It makes a difference to the answer.
    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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    • #3
      Heavy Equipment Operator with an hourly pay rate.

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      • #4
        The employer in that industry is not allowed to average over two weeks, assuming private sector employers. All rules get a little iffy if we have a governmental employer.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          What is the name of your state, please.

          (A few states have daily OT after so many hrs. a day even if you don't work 40 hrs. a week.)
          Last edited by Betty3; 02-09-2011, 07:49 AM. Reason: add info in ( )
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by Betty3 View Post
            What is the name of your state, please.

            (A few states have daily OT after so many hrs. a day even if you don't work 40 hrs. a week.)
            It is the state of Utah.

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            • #7
              Ok, thank you. Your state is not one of the states with daily OT pay. DAW's
              answer stands.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by DAW View Post
                The employer in that industry is not allowed to average over two weeks, assuming private sector employers. All rules get a little iffy if we have a governmental employer.
                Thank you! That answers my question. The employer is a private sector employer.

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                • #9
                  Originally posted by DAW View Post
                  The employer in that industry is not allowed to average over two weeks, assuming private sector employers. All rules get a little iffy if we have a governmental employer.
                  One more question. The employer claims to be a motor carrier, but the employee has nothing to do with the operation of the vehicles in trasportation of passengers or property in interstate or foreign commerce. He is a heavy equipment operator for an oil field service company and occassionally he will do some mechanic work in the shop. Does your answer still apply to this situation?

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                  • #10
                    One more question - The employer is a motor carrier, but the employee has nothing to do with the operation of the vehicles in transportation of passengers or property in the interstate or foreign commerce. The employee is a heavy equipment operator for and oil field service company and occassionally will do some mechanic work in the shop. Does your answer still apply to this situation, or is this employee exempt from overtime pay after 40 hours a week because the employer is a motor carrier?

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                    • #11
                      Rather then give you a yes/no answer, I will point you to the actual rules for the Motor Carrier exception. That will give the employee something to show the employer if the exception is being incorrectly applied.

                      http://www.dol.gov/whd/regs/compliance/whdfs19.pdf
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        Kristi: the responders on this website are all volunteers who do this on their own time, when they get a chance away from their other responsibilities. It is not Time Warner; operators are not standing by 24/7 to answer your call. Posting the same question multiple times, because you do not get an immediate response, will not get you more or better answers. Please have patience.
                        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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