Thread: working and the law......
11-23-2003, 09:48 PM #1VET
- Join Date
- Sep 2001
working and the law......
here's the deal :
i got this part time job, 8 bucks an hour. i worked 48 hours 2 weeks ago. i worked about 38 last week. add the 1 hour from the 3rd week ago for "training" and that's 87 hours. 87 hours @ 8 bucks an hour = 696.
all i got was a written company check for 411 - not a paycheck from the boss with explanation of taxes withheld attached. she does report all her earnings / whatever to the IRS because i saw the signed paper hanging in her office, so i'm assuming taxes got withheld, etc.
am i not required by law to receive OT pay for the 1st week ?? are there any loops around this ?? contract pay or something ??
i am asking tomorrow what the paycheck was for. how many weeks it covered. how much was taken out for taxes. do i receive OT pay. all the good stuff.
11-23-2003, 09:51 PM #2Originally Posted by KeyMastur
11-23-2003, 10:05 PM #3
That sounds a little bit illegal to me... I contracted for a prototype lab over the summer...during the interview he explained to me my hourly rate, but he called it "a salary rate" which is a nice way of saying..."yo, we ain't paying you shit for anything over 40 hours." which basicly means work over or under 40 hours a week and you bring home the same amount - only 40 hours...
If they didn't mention salary, then you should get paid your hourly rate for ALL your hours worked plus time and a half over 40, Ultimately they have to pay you for time worked, unless they explained to you it was a salary position, then they get off paying you the overtime...
and key, if you don't mind me asking 8 bucks an hour? i think your worth a lil more then that... unless your donating sperm...lol
that would be awesome
i'd do that full time
Last edited by monster.; 11-23-2003 at 10:16 PM.
11-23-2003, 11:08 PM #4
When I was working, they paid OT only after the first 80 hours in a 2 week period. You work 60 hours in the first week and 20 in the second week, that was 80 hours total, no overtime. The rules probably haven't changed any.
But you won't have any of these problems in the near future . . . the Bush administration is working hard to eliminate all overtime pay for everybody! No kidding! So you'll soon be able to work 70 hours each week and get straight time for all 70 hours. No more tough calculations to work through! I daresay, it'll be a giant step forward in labor relations . . .
I hadn't heard anything about their plans in a while, but just coincidentally, saw a reference to it in a British newspaper (online) tonight:
. . . and here's some more info about OT from the AFLCIO Union website:
This isn't going to affect me any, but how about everyone else? Have any of y'all been getting paid for overtime? Will you miss not getting it?
Foes of Bush OT Rules Abandon Effort
Saturday November 22, 2003 1:01 AM
By ALAN FRAM
Associated Press Writer
WASHINGTON (AP) - Foes of the Bush administration's proposed rules changing which workers would qualify for overtime pay abandoned their fight on Friday in the face of unrelenting pressure from the White House and the House.
Sen. Arlen Specter of Pennsylvania, who had been the chief Republican opponent of the new rules, agreed Friday to drop a provision killing the regulations from a massive spending bill, said numerous congressional aides and lobbyists speaking on condition of anonymity.
The dispute on overtime was the biggest hurdle to completion of a huge, overdue bill financing dozens of federal agencies that Congress' leaders want to complete before lawmakers leave town for the year.
With the overtime fight resolved, it was possible that the spending bill - exceeding $280 billion, one-eighth of the entire federal budget - could be approved by the House this weekend and by the Senate early next week.
The end of the overtime fight spelled a legislative and political victory for President Bush, whose aides had repeatedly threatened a veto for any legislation attempting to kill the overtime regulations.
The monthslong battle pitted big business and its GOP allies against organized labor and congressional Democrats, who contend that the regulations would give leeway to employers to deny overtime to 8 million workers.
``Congress really believed the administration would provoke a funding crisis to retain its ability to cut overtime,'' said Bill Samuel, the AFL-CIO's legislative director. ``We're not going to let this rest.''
The Bush administration and business leaders say the new rules are a badly needed modernization of overtime rules that in many cases are vague and decades old.
Specter and his aides could not immediately be reached for comment. But earlier in the day, he and his supporters told reporters they would continue their fight even if they lost their provision in the spending bill.
It was unclear what, if anything, Specter received in return for his decision.
11-23-2003, 11:16 PM #5
its a little unclear to me...are they just talking about eliminating time and a half or cutting down the work week...
honestly i think thats bullshit
11-23-2003, 11:26 PM #6
Over time varies.
Some co.s have over time after 8
Some only after 40
Some are both
Some have the 4 day work week which counter acts most of the above.
11-24-2003, 02:26 AM #7Originally Posted by monster.
11-24-2003, 09:17 AM #8
I work around 60 hours a week....have NOT been paid overtime in 10 years. It's called a salary. No big deal in my book. Work hard and good things will follow.
I know many people without jobs right now...they wouldn't give a rats ass whether or not they were going to get paid time and half for anything over 40 hours. They would just love to have a job.
Unfortanutely, there are too many people out there that feel like they are "owed" more than they are i.e. time and half etc. when they fucked off for at least 20 hours that week anyway. I'm all for cutting down the company's expenses...it'll pay dividends in the end. Economics 101.
Last edited by tryingtogetbig; 11-24-2003 at 09:22 AM.
11-24-2003, 09:19 AM #9
Key my post was in NO way directed at your situation...sorry if it sounded like that. I was referring to the new law coming out for overtime pay.
Your deal seems fishy. Although I dislike people feeling they are "owed" more than they are...I firmly think people should get everything they deserve. Make sense? In other words, I would be asking questions if I was you. Good Luck with it.
11-24-2003, 09:21 AM #10Respected Member
- Join Date
- Apr 2002
- Miller's Crossing
Your in Texas Key, employers here odn't even have to offer a lunch, holiday pay, breaks, much less offer overtime.
I'll let you barrow one of the books I get from the Tex Workers Comp seminar I go to every year
11-24-2003, 09:40 AM #11
i have never got o.t. i have been in sales for 12 years. you usualy work 60 to 70 a week and never get o.t. I believe o.t. is a bad way to pay because it only rewards long hours and not hard work. not saying anything about key situation but i think everyone should be paid on how they perform. as in sales you get no money if you don't sale. now i own my own buisness i work 60 to 80 hours a week and my income is decided by me.
my 2 cents
11-24-2003, 09:44 AM #12
If the job is a part time gig then they owner does not have to pay overtime..............that's why most companies like part timers...........not to mention they don't have to offer insurance or benifits. Might not be the case in Texas but here in FL that's how they do it.
11-24-2003, 09:47 AM #13Respected Member
Originally Posted by Juggernaut2148
- Join Date
- Apr 2002
- Miller's Crossing
This is true. They don't have to pay overtime to full time employees if they don't want to, but you are correct on the part time circumstance. My father doesn't pay overtime to part-timers either. Mostly because a part-timer isn't supposed to be getting 40, or more
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