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Work week ends on Sunday South Carolina

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  • Work week ends on Sunday South Carolina

    I have been reading some of the threads and i haven't exactly found the answer i am looking for. I work in a hotel and the work week is Mon - sun. THis week i worked wed - sun. On the new week i continue working mon, tues and wednesday. THat means i work 8 days straight. I have been told since it is a new week that there is no overtime. I simply begin new hours at regular pay. Is that true?

  • #2
    OT is calculated on the workweek - over 40 hrs. worked in the workweek. (Each workweek stands alone.) If you worked over 40 hrs. in the workweek (Mon-Sun), you should receive OT. I'm assuming you're a non-exempt employee.

    http://www.dol.gov/elaws/faq/esa/flsa/011.htm
    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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    • #3
      i understand that

      I understand that about overtime. What i am sayins is if i work 40 hours for that work week which is Mon - sun and my days that i worked were Wed, thurs, fri, sat, and sun which i accumalate 40, then work mon, tues and wed, equal 8 days straight of work, at 8 hours per day.

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      • #4
        nevermind

        I understand now. Since my employer put 5 of the days in one work week, and 3 in the next week, i can work up to 10 days straight without OT. Lovely.

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        • #5
          That is the way it works - each workweek stands alone. Sorry.
          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
            And that is not a new law; it has always been like that, under Federal law and the law of every state (some exceptions in CA). It's not how many days in a row you work; it's whether you work over 40 hours in the defined workweek.
            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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            • #7
              I think there are one or two states which count consecutive days for overtime purposes; Colorado and Nevada are ringing a bell. But I know not South Carolina.
              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
                My reference for Colorado notes: Employers must pay employees time and a half for all hours worked in excess of (1) 40 hrs. per workweek, (2) 12 hrs. per workday, (3) 12 consecutive hrs. without regard to the starting or ending time of the workday.

                Note Colorado Min. Wage Order #25 eff 1-09

                http://www.coworkforce.com/LAB/wageorderfactsheet.pdf

                Nevada (info from 6-08)
                http://blog.laborlawcenter.com/2008/...-overtime-law/


                Nevada Labor Commissioner Michael Tanchek has announced a change to the state overtime laws. Under the current law, lower-paid employees are entitled to overtime when they work more than 8 hours per day. An employee who worked 13 hours on one day would be entitled to 8 hours at the regular rate, plus 5 hours of overtime at 1.5 times the employee’s usual rate. This is true, even if the employee only works 13 hours in the pay period. Changes to the law on July 1, 2008 mean it will apply to more workers than ever.



                The Nevada law actually requires overtime pay when an employee works more than 8 hours in any 24-hour period. For example, a hotel front desk clerk might work 3 pm to 11 pm on Tuesday and then 7 am to 3 pm on Wednesday. Under the overtime law, the desk clerk would be entitled to time-and-one-half for the entire 8 hours on Wednesday, because she has worked more than 8 hours in a 24-hour period.



                The new Nevada overtime law applies to employees who earn less than $8.775 and have a qualifying health insurance plan. In addition, the new overtime rules apply to employees who earn less than $10.275 per hour if they do not have a qualifying health insurance benefit from the employer. All employees, including those who earn more than those amounts, are still entitled to overtime after 40 hours.


                “What sets Nevada apart from the other states is that our daily overtime requirement is tied to the minimum wage,” Labor Commissioner Michael Tanchek said, “This is a significant enforcement issue for us because many employers are unfamiliar with the daily overtime requirement.”

                Under a law passed in 2006, Nevada’s minimum wage will be adjusted for inflation annually. The overtime rate will also be adjusted each year.
                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

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