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Day Rate Pay and Overtime -Georgia

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  • Day Rate Pay and Overtime -Georgia

    Ok in a nut shell:

    I owned my own company and I worked 5 days a week (4 days working and 1 day as a catch up and odd jobs). Sold company and started to work for them.

    THE CATCH

    My day rate is $130.00 per day and my job is driving a garbage truck
    I worked the 4 days and then when I tried to work the 5th day they told me they did not need me to work (Because I was running my company route at this time as above) So I take it my salary is $520 for a work week of 32 hours?

    I get paid every two weeks this is from my pay stub

    Day rate reg 80.00 Hours $1,040.00 ($130*4)
    Day rate OT 31.50 Hours $ 204.75 (1040/80) /2

    Since my Salary is for 4 days is the above correct? this check was back in April


    NOW

    reroutes are done I work 5 days a week this is my last check stub (Nov)

    Day rate reg 80.00 Hours $1300.00 ($130*5)
    Day Rate OT 14.50 Hours $ 117.81 ($1300/80) /2

    My OT rate stays at $8.125 all the time no matter how many hours I work overtime.

    QUESTION

    I think I should have been paid for 5 days instead of 4 because of the amount of hours that was put in I tried to work a 5th but they would not let me. there was another pay period where I worked 135 Hours in 8 days

  • #2
    With the kind of work you do, you are a nonexempt employee. As such you must be paid overtime if you work more than 40 hours in a workweek. If the company was paying you as a salaried employee, you should have had an agreement with the employer as to how many hours your salary was intended to compensate you for. Sounds like they may be paying you under the fluctuating workweek method. Did your hours fluctuate weekly and did you have such an agreement?

    If, in fact, your salary was intended to compensate you for working only 32 hours per week, then the 5th day you worked in a week has to be paid only at straight-time. However, we would have no way of knowing what the employer intended. If you can find that out, and post back, I think I can assist further.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Thanks Pattymd for getting back with me on this matter. The only thing that I know is that I was going to be making $130.00 aday. When I had my business I ran a route for 4 days and on the 5th day did catch up. when I sold I still was running my same route for 4 days but they would not let me work a 5th day due to no route.

      My hours are not set I do work different hours each day I start at 5:30 am and work til it is done.

      Here is another thing, we get paid every 2 weeks, if the overtime rate changes because of different hours then why on my pay stub it only shows one overtime rate instead of two? (2 different weeks). My OT rate is always the same 130.00/8=16.25 16.25/2=$8.125 ot per hour.

      2 month after selling business we had a reroute and I started working the 5 days a week thing and my rate went from $1040.00 ($520.00 X 2 weeks) to $1300.00 for 10 days of pay. They did not tell me I was getting a raise but as soon as I work the 5th day they paid me for it.

      Rules that they told me:

      If we work longer then 5 hrs a day we get full pay
      If we work less then 5 hrs we get 1/2 pay

      If we do not work we do not get paid even with a doctor excuse.

      I think due to the amount of hours I worked in 4 days I think am intitle to the regular pay for the 5th day (hours 33-40).

      Here is another example: Holiday pay well I make $130.00 a day but our holiday pay is less then $130.00? Hmmm sounds weird to me

      I guess this will put you mind to work

      Thanks

      Comment


      • #4
        My mind is off today This is going to take a little time. Let me delve into it when my mind goes back to work and I'll get back to you.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Take your time, if your week was like mine you ate too much turkey..


          Thanks

          Comment

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