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Overtime for regular employee Texas

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  • Overtime for regular employee Texas

    I have a employee who wants to work 50 hours a week. I as an employer can not afford the 10 hours overtime. He is payed on the high side of what I pay. He says he only wants regular pay for the 10 hours. He would rather take regular pay than go find a part time job somewhere else. I told him I did not think I could get out of paying him overtime even if he says he does not want it. He just needs about 10 to 15 more hours a week right now. Is there a way He can work and not get overtime. I feel bad for him but I cant afford the overtime pay just the regular pay. This really seems to hurt somebody who is wanting more hours and be paid regular pay than going out to find a part time job.
    Last edited by king1215; 02-07-2011, 02:20 PM.

  • #2
    What type of business is this and what does he do?

    Irrespective of that, however, why are you letting him work overtime if you can't afford to pay it as overtime? Don't let the tail wag the dog.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

      Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        We are a machine shop and he is a machinist. I can afford for him to work 50 hours a week regular pay. I usually let him work 45 hours and pay 5 hours overtime. Overtime in our shop hurts us but doesn't kill us. I always need to look at the big picture. He is the highest hourly employee I have. Time and half for him is a pretty big chunk out of the rate I get on the machine he runs. He is the one who asked if he could work 50 to 55 hours for a couple of weeks to get ahead on somethings and be paid regular time. He says he would rather get 10 or 15 more hours a week than sitting on the couch doing nothing. It would be hard to find a part-time job around here for a couple of weeks or months on what he does.

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        • #5
          Please see the cite in DAW's post. He cannot legally waive his overtime pay.

          Now, I understand that he is willing to do so. Today. However, "no good deed goes unpunished" is a cliche for a reason. If, for any reason, he gets PO'd about something and decides to file a wage claim for the premium portion of overtime he didn't get paid, the fact that he voluntarily waived it will be irrelevant. He'd prevail on his claim. And I've seen it happen.

          Again, if you can't afford to pay the 1.5 pay, then you can't afford to have him work overtime.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I know the laws are there to protect people from being taken advantage of. In a case like this where he wants and needs the extra money. It just doesn't seem right for the Government to dictate that he can't make extra money when he wants by working more than 40 hours. If I could afford 15 to 20 hours overtime pay for him I would. I can hire a part time guy for a lot less to get ahead.

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            • #7
              He does not have a right under the law to work more hours than you can afford to have him work. He can work all the extra hours he wants - for someone else. Nothing is stopping him from having a second job. Plenty of people do. I do. Nothing says he has to earn all his extra money in one place.
              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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              • #8
                Agree.

                Not exactly your question, but there was a bill in Congress a few years ago that would have given the employee in private industry the option for comp time for overtime worked (if the employer agreed), instead of the required overtime pay (that's already allowed by the FLSA for government employers, usually by union contract), but that bill never went anywhere. The bill did not include the waiver of the premium portion of overtime, only the comp time option. The argument was that employees could feel coerced into accepting such as scheme, and the bill went nowhere.
                Last edited by Pattymd; 02-07-2011, 03:59 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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                • #9
                  It's nice that you are trying to help the employee out but you can't allow the OT if
                  you can't pay for it.
                  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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                  • #10
                    I would disagree with you. In this environment he would be hard pressed to find a part-time job making what he is making now. Plus get the hours at the time he needs to actually see his family and make it work. Will not happen no matter what. The time lost going to and from work. Plus he does not want to do forever just for awhile. So yeah I guess you are right. He could find a job paying him close to minimum wage doing something he really does not like. No one would hire him if he said Oh it will probably only be a month or two. He could lie and just say he will work forever. Screw the employer after a couple of weeks because he is tired and quit. This helps neither and in the real world does not make since. Why can't he say I want to work a couple of extra hours everyday plus Saturday for awhile doing something he loves and knows. He is comfortable here a place where he feels at home.

                    This business is notorious for " paying people under the table". I am not willing to do this. So yes regulations are hurting someone who wants to work more.
                    Last edited by king1215; 02-07-2011, 05:08 PM.

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                    • #11
                      Thanks for all the input.

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                      • #12
                        You're certainly welcome. We could only tell you what the law says.
                        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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                        • #13
                          Would it be legal to reduce his wage to the hourly rate that would be the same as what he would make with 50 regular hours?

                          Example: (not a math major so bear with me here)

                          Say he currently makes $15 and hour and if he did the 10 OT hours at regular rate (which we know is illegal) he would make $15*50=$750 a week

                          so now if you calculate a new rate so that 40 hrs are paid at regular rate and 10 at 1.5 rate that = $750 for the week you end up with the same answer assuming he consistently works OT. Some where inbetween the $13 and $14 mark works in this example.

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                          • #14
                            Yes, that would be legal. However, if the employee "needs" the overtime pay, that would defeat the purpose. As harsh as it might sound, companies are in business to make money, not meet the employee's overtime "needs".
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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