Is it legal....

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rcarroll said:
I'd rather have the comp. time. When I worked for OT pay, it seemed I had to pay so much more for taxes. The money I saw on my paycheck didn't make it worth it.
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They might take a bigger % out that week but at years end you would theoretically get it back....Or just have your employer change you federal deductions for the weeks you work alot of OT
 
chevyx92 said:
But does anybody know if what I originally posted is legal or not?
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Sorry, we got off of the OP! It depends on the state, I think? What state are you in? I will do a little research, but I need the state. Are you industrial or contractor? Most industrial company's here in SC set their own policy's as far as I know. I have heard that some of the states with large labor unions have laws that may govern it. I'm not sure, just things I've heard.

Kinda like a friend of my brother in laws second cousins step son said it is a law! ;)
 
I offered it to my guys for a little while, but found out it's illegal (at least here), even if the employee is all for it.

I'll pay overtime any time I am able to get it from the job.
 
It is illegal for non-exempt employees of private companies, as far as I know.

My company required both managers and hourly personnel to be trained in the rules for paying OT. It was done to make sure neither employees or managers ask for comp time, as it results in falsified records for one thing.

Basically, along with what I've learned from the Dept of Labor, it goes like this (union contracts may add their own rules, but may not reduce these), and an employee CANNOT bargain or AGREE to give up being paid OT:

1. Any hours over 40 in a workweek must be paid at 1-1/2 X hourly wage, period.
2. Some states have additional rules, like any time over 8 hrs/day must be paid at 1-1/2X.
3. Employers must have an established, official workweek for labor laws and cannot "change" it or "slide" it to avoid paying OT. For example, a company can identify their workweek as Monday 8:01 AM thru Monday 8:00 AM.
4. Employers cannot use an 80-hr pay period rule like some do. That means to try to make up for the hrs in excess of 40 for the first week by reducing your hours on week two. This is illegal, since it violates rules 1 and 3. It essentially becomes "forced" comp time.
5. Employers have the right tell an employee to not report for work once they have reached their 40 hours worked for the week.
6. Comp time is not an option. If more than 40 hours are worked, then OT must be paid (non-expemt or hourly employee).

My company, for example, had a Monday 8:01 AM to Monday 8:00 AM workweek. We typically work M-F. However, at the time of the training on wages and OT pay, the company changed their workweek to Sat 12:01 AM to Sat 12:00 AM. What this allowed them to do is avoid paying OT and save money. The OLD way, an employee who was called out and worked on Sat or Sun (the END of the pay week) was due OT pay. The new way, an employee who was called out and worked on Sat or Sun (the START of the pay week) was sent home once their 40 hrs were reached later in the week.


Here is a link I found on the web after a quick search. Not sure if it has any specific state regs in it...

http://www.hrhero.com/hl/101907-lead-comp.html
 
hockeyoligist2 said:
I think KentAT is correct.
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He is not completely correct. It's not "period".

Here we work a modified work week (9/80) I work 9 hours a day and do not recieve over time and I also work 44 hours every other week and do not recieve over time for that either.

My benifit is that I work 8 hrs every other Friday and get every other Friday off.
 
chevyx92 said:
But does anybody know if what I originally posted is legal or not?
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I do not "know," but I strongly suspect that it is legal. I base that statement on an old memory of a former company that went through some painful times because of overtime issues. One thing we learned at the time was that, (1) If a person was paid hourly, and was therefore not exempt from the Fair Labor Standards Act, and (2) If you chose to give that person compensatory time off in lieu of overtime pay, then (3) You were required to allow for 1.5 hours of comp time for every hour of overtime worked.
 
hockeyoligist2 said:
I know that feeling! I worked seven days, ten+ hours a day for 5 months, holidays and all. We normally had some holidays off. I got a day off, spring time, middle of the week. I went straight to the auto parts store to get a new battery for my boat so I could go to the lake. A guy pulled out in front of me and totaled my truck. I spent my day off finding a new ride....

Gloom, Despair, and Agony on Me! If you remember this you are old!
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The number to call is BR529
 
cowboyjwc said:
He is not completely correct. It's not "period".

Here we work a modified work week (9/80) I work 9 hours a day and do not recieve over time and I also work 44 hours every other week and do not recieve over time for that either.

My benifit is that I work 8 hrs every other Friday and get every other Friday off.
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Thats why I said "I think"! Instead of "I know"! :)

I work for a Gov. agency (sewer) 37.5 hours a week, 8 hour day, lunch not paid. I have to work 2.5 hours overtime before the extra pay kicks in. I am allowed to use overtime as comp time. Sometimes I use the comp time, I am using some now, I'm off the rest of the week!
 
Last time I asked a company to go to comp time for any hours over 50. They did some research and said they could not do it, something for there tax records they could not do it and that they could not owe a employee money on the books, but I do not know for sure.
 
electricguy61 said:
Make that BR549
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Thank you for catching that your self. :grin: Didn't want to have to write a nasty response or ask "Hey grandpa.....What's for supper?"

hockeyoligist2 said:
Thats why I said "I think"! Instead of "I know"! :)

I work for a Gov. agency (sewer) 37.5 hours a week, 8 hour day, lunch not paid. I have to work 2.5 hours overtime before the extra pay kicks in. I am allowed to use overtime as comp time. Sometimes I use the comp time, I am using some now, I'm off the rest of the week!
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Not quite the same as, ours but close. We can take it as paid or comp. Some guys prefer the time off, I usually take the money as I always have at least 4 weeks on the books and don't really need that much time off. Right now I'm afraid to take to much time off. If they find out they can do without me for an length of time, they just might try. We're gonna lose three guys in the next few months.
 
cowboyjwc said:
We're gonna lose three guys in the next few months.
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Sorry to hear that.

We have lost a lot of people this year, not in maintenance. Seems like they don't tolerate much anymore. The old guys used to go drinking when things were slow! They recently fired someone because a contractor (on an upgrade) screwed up and caused a DEHEC violation.

However, I'm indespensible......... my boss wouldn't have me to bug all the time on the cell phone! The other electricians look to see who is calling and if it's him they let it ring!
 
In Florida anything over 40 hours is 1 1/2.Is no making it up next week.Can have week start and stop any day and time you want but cant keep changing it.And guys on sallery git 1 1/2 if over 40 ,many try to violate.
Come on guys, i get up at 5 eat ,visit here,drive to job by 7 get break at
9:30,lunch at 12,pick up at 3 and doing great to be home by 4 to 4:30
Thats almost 12 hours,sure dont need any over time.I do have a life.











;30
 
brian john said:
Maybe at one time but I do not think this applies today. Comp time would never do me I have always worked 60+ hours a week, several years without a vacation. When would I use comp time?
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WOW!
I wouldnt work 60 hours in one week even if they paid me!!
 
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