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warr admin trying to help techs Minnesota Mississippi Missouri

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  • warr admin trying to help techs Minnesota Mississippi Missouri

    Hi everyone, my tech are telling me that there work week is considered 80 hr 2 wks, in other words they get an incentive (.50) if they go over a certain amount of hours in a 80wk span not 7 day 40 hrs a week. Is that legal?

  • #2
    Hi everyone, my tech are telling me that there work week is considered 80 hr 2 wks, in other words they get an incentive (.50) if they go over a certain amount of hours in a 80wk span not 7 day 40 hrs a week. Is that legal?[/QUOTE]

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    • #3
      Are you saying that they get an incentive of $.50 per hour worked in excess of 40 in a workweek INSTEAD of overtime pay? The payment of the incentive is fine; it would be the failure to pay overtime when required that would be illegal. This is federal law and the state cannot make it go away, as long as the employer is subject to the FLSA (I'm assuming Warr is your governor?).
      Last edited by Pattymd; 04-10-2008, 03:24 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        http://www.dol.gov/esa/regs/compliance/whd/whdfs23.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          there pay period is the 5th and the 20th so the real world sees a month with 4.3 weeks but here they see it as half of that .Its not split up into 2 weeks for one pay period. this a full 2weeks (there week) to get a higher rate. it doesn't seems right. 1 week (5days)should mean 40hr and them if over that they get an increase but here its 10 days for 80hrs and than the increase, a much longer time span to get the increase setting them up for failure.
          Last edited by dpenny; 04-10-2008, 06:46 PM.

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          • #6
            dpenny;967199]there pay period is the 5th and the 20th so the real world sees a month with 4.3 weeks but here they see it as half of that .Its not split up into 2 weeks for one pay period. this a full 2weeks (there week) to get a higher rate. it doesn't seems right. 1 week (5days)should mean 40hr and them if over that they get an increase but here its 10 days for 80hrs and than the increase, a much longer time span to get the increase setting them up for failure. Is this legal?

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            • #7
              5th and 20th means that you have a semi-monthly pay period. It is fairly unusual for a semi-monthly pay period to have exactly 80 hours in. Practically there can be as few as 72 hours and as many as 96 hours in the pay period.

              Overtime is calcuated based on the work week and not the pay period. Overtime tends to get complicated with semi-monthly payrolls.

              Past that, I really do not understand your last question. Perhaps you can restate it.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                who sets how any days or hour in a week? the techs want to know it there suppose to have 2 seperate wks in a pay period . if one week one of a pay period busy 5 days tech gets 60 and than its gets slow the next week olny gets 30 hrs for that week. at other dealers I would see (the firgures are just examples) busy week payroll time card would read 40 hrs @ 20.00 [email protected]/ slow week [email protected] but at where i work it would read 90 [email protected]
                Last edited by dpenny; 04-10-2008, 08:09 PM.

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                • #9
                  Let's try again. A "workweek" for purposes of overtime is a defined 168-consecutive-hour period. The employer must define the day and time that the "workweek" starts.

                  The problem is as DAW stated it. With a semi-monthly pay frequency, there is hardly EVER a pay period that includes two full workweeks ONLY.

                  What kind of "techs" and what type of "dealer" are you talking about? There IS an exception to the overtime pay requirement under the FLSA for auto mechanics who work at an auto dealership.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    they work at a dealership.

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                    • #11
                      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR779.372.htm

                      Is there a law pending in the state legislature that would require overtime for auto mechanics in dealerships? Is that what you're talking about?
                      Last edited by Pattymd; 04-11-2008, 05:54 AM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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