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Question about overtime/salary Louisiana Kentucky

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  • Question about overtime/salary Louisiana Kentucky

    I'm a salary-based Store Manager in KY who has to work a minimum of 44 hours a week. My store has very little payroll, so I can only afford a total of 3 supervisors. Well, 1 of my supervisors is gone for 3 weeks due to surgery, so it's just me and my assistant.

    My last day off was this past Wed. My next day off won't be until next Wed. My area manager is wanting me to go to another store, with me already being very short handed, to train a new manager, pushing my next day off till Thursday. That's 7 days of work in a row, totaling 64 hours! And I'm only getting paid for 44 because of salary.

    Can I call higher ups about this? Another question I'm wondering is we have a poster in our back room that states something about "If you work 7 consecutive days, the 7th day, you get time and a half". Is this true and does this hold true to salary employees?

    Thanks!
    Last edited by Sevenel; 09-08-2006, 06:17 PM.

  • #2
    Since the law requires "overtime", it would not apply to exempt employees, since exempt employees are never legally entitled to 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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    • #3
      Ok, well today I told her I wasn't going to do it and I got to borrow people from another store so I could get a day off in between.

      But as far as the "7th day = overtime" rule for KY, how does that work? Not necessarily for me, but the rest of my employees...

      Comment


      • #4
        KY: Seventh Day Overtime

        SEVENTH DAY OVERTIME
        Any employer who permits any employee to work seven days in any one workweek shall pay the rate of time and a half for the time worked on the seventh day. The above shall not apply in any case in which the employee is not permitted to work more than forty hours during the workweek; or to telephone exchanges having less than five hundred subscribers; stenographers, bookkeepers or technical assistants of professions such as doctors, accountants, lawyers and other professions licensed under the laws of this state; employees subject to the Federal Railway Labor Act and seamen or persons engaged in operating boats or other water transportation facilities upon navigable streams; persons engaged in icing railroad cars; common carriers under the supervision of the Department of Vehicle Regulation; and any officer, superintendent, foreman or supervisor whose duties are principally limited to directing or supervising other employees.

        For additional information, select the link below.

        KRS 337.050 Time and a half for work done on seventh day of week

        Comment


        • #5
          I copied the KY reg in my last post.

          Basically any non-exempt worker who works the complete 7 days of the workweek would be entitled to overtime for hours worked on the 7th day. Keep in mind it is not refering to a calendar work or 7-consecutive days, it's referring to the workweek. The workweek is the pre-defined 7-day period which your pay is based on. If the 7-days spans more than one workweek, it's possible that overtime may not be mandated for the 7th day.

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          • #6
            Ok...so for ex., our work weeks (schedules) are from Sun-Sat....so Saturday would be time and a half if an employee worked all those days?

            Also, to understand this....
            "The above shall not apply in any case in which the employee is not permitted to work more than forty hours during the workweek"

            Does this translate to if your job doesn't allow overtime, this does not apply? My job doesn't allow for overtime UNLESS pre-approved by the DSM, which is always a "lets find another solution before we do that..." story. But if I translated that wrong, I just want to make sure my employees aren't getting jipped...cause they've had to work all week before due to call in's, emergencies, etc...

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            • #7
              Originally posted by Sevenel
              Ok...so for ex., our work weeks (schedules) are from Sun-Sat....so Saturday would be time and a half if an employee worked all those days?
              That is correct!

              Originally posted by Sevenel
              Also, to understand this....
              "The above shall not apply in any case in which the employee is not permitted to work more than forty hours during the workweek"

              Does this translate to if your job doesn't allow overtime, this does not apply? My job doesn't allow for overtime UNLESS pre-approved by the DSM, which is always a "lets find another solution before we do that..." story. But if I translated that wrong, I just want to make sure my employees aren't getting jipped...cause they've had to work all week before due to call in's, emergencies, etc...
              That's not the intention here! In this case, the employer is free to credit against overtime payable under this section any ovetime paid by him to the employees for the same hours under the requirements of any other law or contract. Basically this is the protection to the employer from paying overtime twice.

              For example, if you worked 44 hours during the workweek. On the 7th day, you worked 4 hours. The 4 hours overtime only needs to be paid once. Generally speaking overtime is earned when more than 40 hours are worked in a workweek. Since only 4 hours were worked on the 7th day and 4 hours of OT for the week, then it's to be paid only once. You don't get overtime for all hours over 40 and 7th day hours if those hours are the same.

              In another example, let's say you worked 44 hours during the workweek. On the 7th day, you worked 8 hours. Your paycheck should include 36 regular hours and 8 hours of overtime.

              I know this is confusing. Trust me!

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              • #8
                Wow...that is a little confusing. Let's say this...

                You work just a regular old 40 our week...

                You work everyday, Mon-Fri....you have in 34 hours total...on Sat, you work the last 6 hours....would that reflect 34 regular and 6 overtime? ....

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                • #9
                  No, because the employee didn't work 7 consecutive days in the workweek. Note that your schedule is not necessarily the same as the defined "workweek". It may be, but it doesn't have to be.
                  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
                    Pattymd is correct. In your example, the employee would also have had to work on Sunday. Since your workweek is Sunday to Saturday. The 34 hours would have had to occur during Sunday to Friday and hours worked on Saturday would be overtime. In this example no hours were worked on Sunday, so it's only six days worked in the workweek.

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                    • #11
                      Oops! That's embarassing...I meant Sun-Fri.

                      So SUN-FRI....34 hours....the 6 hours on Sat would be time and half?

                      And even another example....let's say you work SUN-FRI (got it that time, haha)....42 hours...then on Sat. you work, lets say 6, totaling 48 hours that week. Sat you would get time and a half on those 6...but would you get overtime on the 2 hours over the 40?

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                      • #12
                        Originally posted by Sevenel
                        Oops! That's embarassing...I meant Sun-Fri.

                        So SUN-FRI....34 hours....the 6 hours on Sat would be time and half?
                        You got it right!

                        Originally posted by Sevenel
                        And even another example....let's say you work SUN-FRI (got it that time, haha)....42 hours...then on Sat. you work, lets say 6, totaling 48 hours that week. Sat you would get time and a half on those 6...but would you get overtime on the 2 hours over the 40?
                        8 OT hours total in this example.

                        Since any physically worked hours over 40 in a workweek are considered overtime, 8 hours would be considered overtime. The 7th day rule would not need to apply since the hours would already be overtime because of number of hours worked in the workweek.

                        Maybe this example will help clear it up in your mind.

                        Let's say that Sunday to Friday, you work only 30 hours. And on Saturday, you work 4 hours. Total hours for the workweek are 34 hours (of which 4 would be considered overtime because of the 7th day rule). Your check would include 30 regular hours and 4 overtime hours.

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                        • #13
                          Ahhh, ok, I've got it now. Interesting...I've worked for this company for 4 years and I'm sure I've worked a full weeks before I became manager and received salary...and have never heard of this law. Nice to know it now though! Thanks guys!

                          Comment

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