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Originally Posted by mcairrepair

I'm an in house HVACR technician for a McDonald's franchise. I'm the only one in the company that does HVACR. I'm an employee not an independent contractor.

I only get overtime after 8 hours if the call was placed the same day after 12pm. If I have a week day off and get called in for an emergency I do not get overtime. If its a weekend, however, I do. They told me if I work over 8 hours in a day I have to put the extra hours on a different day on my time card so they don't have to legally pay me overtime. I'm paid 1/2 rate for picking up parts, drive time, paperwork/administrative tasks.

Is this normal/fair? Do you guys get overtime after 8 hours in one day regardless of when the call was placed? Are you guys on call every single week? Do you get paid the same rate for administrative stuff? Do you get commission on parts or profit share?

Overtime labor laws state that you will be paid overtime at the rate of 1.5 times your stated salary after 40 hours of any week. The double time issues are not governed by labor law that I know of. It sounds like there is a need for clarity regarding your employment. I would craft a contract of employment language between you and your employer that would clear up any discrepancies of what is expected for both or you.

You are getting screwed. Do you have benifits, retierment and payed vacation and days off? If not, $40 an hour is crap in LA for commercial work. You need to average your pay and half pay and come up with your true rate of pay.

In California you can only be payed straight time for over 8 hours in a day if you are on a regular scheduled alternative work week. 4/10s etc. They are having you falsify your time card to illegally skirt paying you overtime. That is a HUGE violation.

In California over 8 in a day is time and a half and over 12 in a day is double time. There are exemtions listed in the link I posted.

http://www.dir.ca.gov/dlse/faq_overtime.htm

"4.If you are paid two or more rates by the same employer during the workweek, the regular rate is the "weighted average" which is determined by dividing your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For example, if you work 32 hours at $9.00 an hour and 10 hours during the same workweek at $7.00 an hour, your weighted average (and thus the regular rate for that workweek) is $8.52. This is calculated by adding your $358 straight time pay for the workweek ((32hours x $9.00/hour) + (10 hours x $7.00/hour) = $358) and dividing it by the 42 hours you worked."

All of what I posted goes for employees. If you are an independant contractor those don't apply. If you are in independant contractor in California you need to have a contractor's liscense to do refrigeration or HVAC over $500. Anyone who is a contractor in a big city in CA working for $40 an hour and half pay for much of your work is an idiot!

As far as being on call if you go out on a saturday or a sunday, and work only 1-2 hours. you should get paid for four(4) hours pay. thats how i know it. Most outfits pay you for the on -call weekend, even if you dont go out to service anything. And I agree with that. so yeah get away from that job.

A few years back I worked for an electrical contractor in California, which was headquartered out of state. They didn't feel that they needed to pay overtime past 8 and doubletime past 12. I counted it as money in the bank. Eventually one of the employees got disgruntled and called the California Labor Board. An investigator audited all our time cards and I got a nice fat check. I imagine the company also paid penalties to the state for failing to comply with labor regulations.

In this current economic crunch, I imagine that the state is willing to send investigators out if they can then levy fines on employers. Don't give up hope about the labor board, but expect to lose your job if you make the call. Wait till you have another job lined up.

Originally Posted by timebuilder

Are you saying it is legal to bank hours in Wisconsin?

The federal law (FLSA) allows employers to bank employees hours for just one work week, paid time off in lieu of overtime is allowed at the same rate of time and a half, meaning if you work 10 hours over 40 you employer can send you home with 15 hours PTO but it all most happen withing the same work week, hard to accomplish IMO.
Individual states can only change federal law for the betterment of the worker.
Know you rights and dont let them cheat you! if you choose to be a doormat they walk on you.

Originally Posted by Miller257

My company we work 40 hours strait time in 1 week mon-fri (doesn't matter if its 10 hours one day and 6 the next)
you have two options. for unapproved overtime. either work 40 hours and be done, or bank you hours over 40.

For approved overtime, starts at 4pm on weekdays (time and a half) time and a half on saturdays, double on sundays and holidays

Are you saying it is legal to bank hours in Wisconsin?

My company we work 40 hours strait time in 1 week mon-fri (doesn't matter if its 10 hours one day and 6 the next)
you have two options. for unapproved overtime. either work 40 hours and be done, or bank you hours over 40.

For approved overtime, starts at 4pm on weekdays (time and a half) time and a half on saturdays, double on sundays and holidays

Originally Posted by Moonrunner

I was waiting to hear from you on this topic, but I don't disagree with you, especially when I hear about employers like this one The OP can always handle the situation the Canadian way - find another job, give these bums 2 weeks notice and never look back. No matter how bad an employer is, he'll find suckers who need to eat. No matter how good an employee is, a bad employer can still kill his reputation (another one for the unions lol) For that reason, don't burn bridges, don't goof off over the last couple of weeks, don't get into a shouting match with'em or sling insults. A civilized letter stating that you are leaving because of their overtime policy and non-service call pay policy, wish them the best of luck and forget about'em would not be out of place. If they try to entice you back with a raise after you already accepted a job offer from another shop, don't do it. You do that, you get labeled a shop-hopper and you will become your old boss' *****. Fortunately, I've learned that lesson from other people's mistakes, not on my own skin.

In fact, I would have a paralegal write the letter for you.

That way, there will be nothing you say to them that will impeach you or your reputation, later.






Plus, it will scare the cr*p out of them.

Originally Posted by zw17

And some people wonder why unions are still alive and well...

I was waiting to hear from you on this topic, but I don't disagree with you, especially when I hear about employers like this one The OP can always handle the situation the Canadian way - find another job, give these bums 2 weeks notice and never look back. No matter how bad an employer is, he'll find suckers who need to eat. No matter how good an employee is, a bad employer can still kill his reputation (another one for the unions lol) For that reason, don't burn bridges, don't goof off over the last couple of weeks, don't get into a shouting match with'em or sling insults. A civilized letter stating that you are leaving because of their overtime policy and non-service call pay policy, wish them the best of luck and forget about'em would not be out of place. If they try to entice you back with a raise after you already accepted a job offer from another shop, don't do it. You do that, you get labeled a shop-hopper and you will become your old boss' *****. Fortunately, I've learned that lesson from other people's mistakes, not on my own skin.

Originally Posted by zw17

And some people wonder why unions are still alive and well...

Unscroupulous employers is what started unions, That will not change. I have the ability to enforse my own rights without the need to pay dues, however I have great respect for any Union trained HVAC man or woman, I just choose a different path.

the beautiful thing about Ameica is if you think your getting screwed with out the kiss, you can quit and go somewhere else.

anything over 8 and 40 is overtime..however being self employed, i dont charge my customers any overtime, even on sundays...i have 12 unlicenced competitors to deal with..

Originally Posted by carmon

really

No not for him really. But I did have a boss who was tired of a contract admin holding payment due to gate time bc of supply house. He ordered me to call a hotshot and wait. It worked. Trying to illustrate the lunacy of mcrepairs situation at the supply house.

Originally Posted by mcairrepair

They did however start me at $40/hr. So I feel like I shouldn't be complaining. Is that enough to not complain about those other things?

That's not a high cost for your employer. You're probably comparable to a CBA Total Package, except your employer is paying you directly. Your employer could be paying any company; Union, National or large locally owned, anywhere near $100/Hr. for service.
Do you get Double Time at all?

Originally Posted by valdelocc

We need the federal overseeing and minimum standards without them, we would be at the mercy of corporations like Lennox NAS and they replace us with illegals without thinking twice.

I don't think OT standards will prevent illegals from working what would otherwise be jobs for experienced American techs. The Lennox problem is that no one can fix a unit, because they are a SALES force, and not a repair force.

Originally Posted by timebuilder

I'm sorry, my friend.

Apparently, this changed in 2004. At my flight school, the wage structure I described was still in effect in 2002, and had been so since the 1930's.

This may have been a contributing factor to the school closing in 2004. I had not spoken to the chief pilot in some time at that point.

Here are some highlights I just found, and their source page.



http://www.portal.state.pa.us/portal...ylvania/553571


Sounds like more federal control, and fewer states rights, doesn't it?

We need the federal overseeing and minimum standards without them, we would be at the mercy of corporations like lennox nas and they replace us with illegals without thinking twice.

So we work 4 hours more ( at higher MIN wage @ $9.50 / $10.30 per hour ) before OT kicks in.

Originally Posted by Control Man

Here the laws is " overtime begins after they have worked 44 hours in a work week. After that time, they must receive overtime pay"

Here is the law in the USA http://www.dol.gov/whd/overtime_pay.htm#.UHBuvq6ltkg

Here the laws is " overtime begins after they have worked 44 hours in a work week. After that time, they must receive overtime pay"

Originally Posted by valdelocc

Overtime falls under federal law (fair labor standards act) and it mandates "at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek", individual states can decrease the number of worked hours from 40 to 8 etc. but cannot waive the minimum mandated by the FLSA.
When an employer cheats the workers of overtime pay, the best thing to do is to keep track of the hours and open a case with the DOL, I guaranty you he'll pay, been there.

I'm sorry, my friend.

Apparently, this changed in 2004. At my flight school, the wage structure I described was still in effect in 2002, and had been so since the 1930's.

This may have been a contributing factor to the school closing in 2004. I had not spoken to the chief pilot in some time at that point.

Here are some highlights I just found, and their source page.

The United States Department of Labor (USDOL) published its revised final regulations concerning its overtime requirements under the FLSA on April 23, 2004. (29 CFR 541). The new federal regulations take effect on August 23, 2004. The new federal overtime regulations revise the types of workers eligible for overtime and set a higher salary cap for eligible workers (See: www.dol.gov).
Impact on Pennsylvania Employers

Pennsylvania employers must still comply with the overtime requirements of Pennsylvania's Minimum Wage Act (35 P.S. § 333.101 et seq.) and regulations. (34 Pa. Code § 231.1 et seq.). Pennsylvania’s existing state requirements are still in effect. Pennsylvania’s current requirements are substantially similar to the earlier federal standards. Employers must follow Pennsylvania’s regulations even if these rules are more stringent for employers than the revised federal requirement. Federal law (29 USCS § 218) and the new federal rules (29 C.F.R. 541.4) specifically state that federal law does not affect enforcement of state overtime requirements, such as Pennsylvania's requirements.

The USDOL enforces Federal rules contained in the FLSA and related regulations. The Pennsylvania Department of Labor and Industry (L&I) enforces Pennsylvania’s minimum wage requirements contained in the Minimum Wage Act and related regulations.
Differences Between Overtime Requirements

Current Pennsylvania law and regulations requiring overtime payment remain in effect and will be enforced regardless of the changes to the federal rules. For example, Pennsylvania does not allow an employer to restrict overtime if an employee earns a certain salary. The revised federal regulations allow an employer to restrict overtime if an employee is earning over $100,000 annually. However, this federal exclusion does not apply to Pennsylvania employees because of Pennsylvania law.

Pennsylvania employers must be aware that the federal or Pennsylvania overtime provision that provides for the greater benefit to the employee is the standard that will be enforced. An employer must pay overtime if the new Federal rules or Pennsylvania law requires overtime payment.

http://www.portal.state.pa.us/portal...ylvania/553571


Sounds like more federal control, and fewer states rights, doesn't it?

Originally Posted by timebuilder

Hopefully, the OP has found a better job by now....

The only "typical" overtime policies are in union contracts. Other than that, it starts with state labor laws. For example, in Pennsylvania, there is never any OT payment due to agricultural workers, or auto/aviation mechanics. It's ALL straight time.

Overtime falls under federal law (fair labor standards act) and it mandates "at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek", individual states can decrease the number of worked hours from 40 to 8 etc. but cannot waive the minimum mandated by the FLSA.
When an employer cheats the workers of overtime pay, the best thing to do is to keep track of the hours and open a case with the DOL, I guaranty you he'll pay, been there.