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Thread: Chinese Overtime? North Carolina

  1. #1
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    Default Chinese Overtime? North Carolina

    Sorry to bother you with questions, but after much reading still not clear on my new pay status at work.
    I was promoted to a higher level at work and signed my letter of acceptance at an hourly rate of $26.00.

    On my first paycheck, it stated I was salaried non-exempt? My hourly rate was on there at 26 hr as agreed upon, however I had worked many hours of OT, but not paid the full amount.

    When I questioned this, I was told that I now would receive "Chinese Overtime" and the amt was at approx $10 an hour.

    I was never told that I was salaried, but told the opposite. My work week does not fluctuate,except upward, as I never work under 40 hours a week.

    I work in a nursing home and I hate to complain, but I want to know how my pay is calculated each week. I also would like to know if this is legit?!

    Thanks so much for any help you can give me with understanding this concept!

  2. #2
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    There's no such thing as Chinese overtime. As a salaried non-exempt employee you must be paid $39 per hour for every hour you work above 40 in any given week.

  3. #3
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    Chinese overtime is a nickname given to the Belo Plan. Under certain circumstances it is legal to pay only the half time of time and a half.

    I found this link which has a good synopsis (not I do not have anything to do with this company, just found it while googling).

    http://www.overtimelawyerblog.com/20...ntracts_1.html

    The link below leads to the section of the Federal regulations governing Belo Plans.

    http://ecfr.gpoaccess.gov/cgi/t/text...dno=29;cc=ecfr

  4. #4
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    It is also an extremely offensive term.
    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.

  5. #5
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    Quote Originally Posted by cbg View Post
    It is also an extremely offensive term.
    I agree, as bad as using the n-word.

  6. #6
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    Reading over the link, the OP does not qualify for this plan, as their hours are consistently over 40 a week. The employer knows that nursing home work is consistent, and can always be planned upon. The only part that cannot be planned on requires calling in supervisors, and EMT's. (even those require standard in house planning.)

    Lena, Please respond to the points brought up in this.

    An allowable Belo plan must be in writing, and must meet the following criteria, all of which are delineated in CFR 778 et. seq.:

    * The nature of the employment must necessitate irregular hours of work. As stated in the CFR, “the nature of the employee’s duties must be such that neither he nor his employer can either control or anticipate with any degree of certainty the number of hours he must work from week to week.”
    * There must be significant variations in weekly hours of work both above and below the maximum limit of 40 hours of work.
    * The regular rate of pay may not be less than the minimum hourly rate.
    * The employee’s regular rate of pay has to be specified, and can only include hours worked, and not any other form of compensation.
    * The employer must guarantee time and one-half the regular rate for hours worked over 40.
    * The maximum number of hours worked for the guaranteed compensation cannot be for more than 60 hours per week. After that, it is time and a half.

  7. #7
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    Quote Originally Posted by HRinMA View Post
    Chinese overtime is a nickname given to the Belo Plan. Under certain circumstances it is legal to pay only the half time of time and a half.

    I found this link which has a good synopsis (not I do not have anything to do with this company, just found it while googling).

    http://www.overtimelawyerblog.com/20...ntracts_1.html

    The link below leads to the section of the Federal regulations governing Belo Plans.

    http://ecfr.gpoaccess.gov/cgi/t/text...dno=29;cc=ecfr
    I want to correct what I stated about paying only half time. The Belo Plan actually requires you to figure a rate based on hours worked that week and that is used to figure overtime. So the rate would change each week based on hours worked.

    So if you work 2 weeks 50 and 47 hours with a salary of $500, one week the regular rate is $10 per hour or $5 for overtime while the next week is $10.64 per hour and $5.32 for overtime.

    I actually used this plan while I worked at a car dealership. It was a pain to do each week.

  8. #8
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    This reminds me of my daughter in college and her friends making "nerd jokes" that they pass to each other, and must be solved before another joke is passed. Some are higher math, and others are word play.

    The difference is that this is real, and a working function of life thanks to our government.

    You must be a special kind of crazy to go into accounting~~~ I salute you.

  9. #9
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    It was easier to set up a spreadsheet to calculate.

    I have a geeky niece. She went to Boston Latin and her friends would tell jokes in Latin!

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    In fairness to the government, they did not originally create the Belo Plan rules - the courts did. The original federal rules were the Fluctuating Workweek (29 CFR 778.114), which is an old long establish method that predates FLSA and was sort of grandfathered in in 1939 when FLSA was passed. The FW method is ugly but not this ugly. However around 1960 a company called Belo invented their own really ugly plan. Federal DOL took Belo to court and lost. The original FW rules were lose enough to (according to the courts anyhow) allow the Belo variation. The feds in response created the Belo Plan regulations after the fact. Sort of like drawing the bullseye around the arrow after someone shoots it into the tree. Federal DOL hates the Belo Plan rules. They deliberately wrote the rules to be as burdensome as possible to not only comply with the court decision, but to strongly discourage use of the ugly things.

    For all the complaining people do about CA labor law, CA very specifically does not allow any FW method (including Belo Plan). Good riddance IMO.

    One last point. As a long time payroll person, these are difficult ugly plans to implement. There is a really good chance that payroll does not understand the rules. There is a really good chance that management does not understand the rules. Their fault for choosing to go this route, but these are hard rules to follow even if one is trying. If the plan is not being followed (quite likely), file a wage claim with federal or state DOL. Do not assume that the judge or hearing officer understands the rules either.

    http://payroll-taxes.com/articles/sa...ernatives.html
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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