Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Weekend Contract - FLSA? New York

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Weekend Contract - FLSA? New York

    We are opening up a weekend only position at our plant. This is open to all employees.

    The position is basic, entry level position in the facility, located in NY.

    Currently, it requires the employee to work 2 doubles (16 hours worked) for Saturday and Sunday. On this contract, they work 32 hours and are paid for 40 hours.

    They work along side other employees with the same job titles, etc, only difference being the weekend employment agreement they signed.

    If these people pick up additional shifts during the week, when should they start receiving overtime pay?


    I was under the impression that once they hit 40-hours worked, they would be receiving overtime pay for any additional hour worked. The CFO is saying they should receive overtime for any additional time worked, as they will be "over 40 hours [paid]". The manager says they are exempt from FLSA because they signed an employment contract, and would receive their straight hourly rate for any additional shifts/time worked.

  • #2
    You are correct.

    Comment


    • #3
      Agreed. Signing an employment contract does not make them exempt from the FLSA, and the FLSA's requirement is for overtime after 40 hours WORKED, not 40 hours PAID.

      If the employer CHOOSES to provide it after 40 hours paid, he may, but that is not what the law requires.
      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.

      Comment


      • #4
        Here's a link to the fact sheet re FLSA & overtime.

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

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X