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Why is it OK for my husband to not recieve any overtime pay? Pennsylvania

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  • Why is it OK for my husband to not recieve any overtime pay? Pennsylvania

    My husband works for a company that contracts for the local cable company. The cable company hires outside contractors to pick up cheaper work than they must pay their union employees. My husband's company pays my husband per job becase of that they do not have to pay him any overtime. They work their guys well over 12 hours a day 6 days a week. The awful job market in our area lends to the employees needing this job. It is not fair that a technicality in how they are paid leads to a company being able to do this. Will all companioes start paying employees by the amount of work they can finish so that they do not need to pay overtime?

  • #2
    Are you saying your husband is an independent contractor as opposed to an employee? Employment law doesn't apply to an IC - what applies is in the contract.
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    • #3
      No, my husband is an employee of a company that does contracted work for the cable company. My husband is not a 1099 nor an independent contractor.

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      • #4
        If your husband is nonexempt, it's NOT OK.

        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.112.htm

        When he asks why he is not getting overtime, what does the employer say?

        However, we need to know exactly what he does.
        Last edited by Pattymd; 02-27-2010, 12:07 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Also, exactly how he is paid...taxes are indeed withheld???
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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          • #6
            Well it is not right BUT it is legal

            As long as his weekly paycheck equals or is more than what a minimum wage paycheck with overtime would equal...they are well within the Pa law...so basically they just say that we paid him the minimum and then time and half but how many people would want to work 70+ hours a week climbing telephone poles and only get minimum wage. Just a way to get around the law...He (nor any of the workers) would have ever taken a job for minimum wage so they say we will pay you X amount per unit for each job...if it takes you 35 hours or 75 hours. I just wonder how long it will be until all employers figure this out...there will be factory workers being paid by how many pieces they produce...I just think it is sad.

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            • #7
              It's not a way of "getting around the law"; that's all the law requires. If he had a valid employment contract, then that would be different and it would be a contract issue, not a wage and hour issue.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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