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15+ hours a day = no overtime?

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  • 15+ hours a day = no overtime?

    I work in Orlando, Fl in the resteraunt business. My normal schedule is 13-15 hours a day. I normaly work from 10-4 as a cleaner then from 5-11 as a chef's assistant. About 45 days ago, I was getting payed a flat rate of 7 dollars an hour and making a lot of overtime. Just recently my employer decided to pay me 1 dollar more in evening which required me to punch out and punch back in under a diffrent job code. My question is this. Is the time accumilated for overtime based on the 10-4 + 5-11 or will 10-4 overtime and 5-11 overtime be seperate? I belive the sole reason for the extra dollar an hour and the punching out and back in was to evade paying me overtime at 7.00 an hour which in the long run would accumilate much more overtime.

    Thanks for you help in advance.

  • #2
    This is a quote from the US Dept. of Labor -

    "Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs."

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    • #3
      Originally posted by Sockeye
      This is a quote from the US Dept. of Labor -

      "Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs."

      I have no idea what that means.

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      • #4
        What that means

        It means that, as long as you are working for the same company (or companies under the same ownership), your rate of overtime is based on an average of the rates. They cannot have you punch out at the higher rate, punch back in at the lower rate and then pay overtime on the basis of the lower rate. It means that both rates must be considered in calculating your overtime rate. Another consideration is the number of hours that you work in each job.

        In your example, let's say that you work 30 hours each week at the rate of $7 per hour and 10 hours each week at $6 per hour. Then, you work an extra 10 hours of overtime for the week. Your overtime rate could be calculated as follows:
        $7 x 30 = $210
        $6 x 10 = $ 60
        40 hours of pay at $270
        $270/40 hours = an average of $6.75 per hour

        $6.75 x 1.5 = $10.125 per hour overtime rate

        $10.125 x 10 hours = $101.25 for overtime

        $270 + $101.25 = $371.25 gross pay for the week.
        Does this explain this concept?

        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

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        • #5
          Yes, thank you.

          Comment


          • #6
            Originally posted by JB00
            I have no idea what that means.
            Don't feel bad, I had to read it over 5 times to understand it and I work HR.

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            • #7
              I guess my other question is, are they allowed to split up my hours by having me punch in and out (2 diffrent jobs, same company) regardless of the pay to keep from having to pay me overtime? For example, making me accumulate 40+ hours in the morning for overtime and also making me accumulate 40+ hours in the evening for overtime vice morning + evening?

              Thanks.

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              • #8
                Clocking in and out

                They may require you to clock in and out but your overtime rate is based on the weighted average rate (see the earlier post) and your total number of hours for both jobs. If you are exempt in one job and non-exempt in the other, the determination of whether overtime is due is dependent upon your overall status as an exempt employee. If you are working more than 50% of your hours as a non-exempt employee, you are eligible for overtime.

                Chances are that you are non-exempt. The reason is that there is probably a good chance that you are working a few non-exempt tasks as an exempt employee. The total of manual work for both jobs is probably over the 50% mark.
                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

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                • #9
                  Yes, you are being taken advantage of

                  Your employer, by splitting your clockin times is splitting hairs with overtime regulations. Since you are working for the same company, in the same location while you work those hours, you are entitled to the overtime accrued. I would make a complaint against him if I were you

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                  • #10
                    so in this example...
                    working 20 hours as a waiter every morning
                    clocking out
                    and then working 30 hours as a cook every night ...
                    then the extra 10 hours is still overtime... regardless of how much i get paid for each... right?

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                    • #11
                      That is correct.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment

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