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Thread: Lost our OT pay....

  1. #1
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    Anyone have any experience with OT laws?

    We are now getting paid for OT only if over 40hrs. I thought I read somewhere that our industry had different regulations.

    I guess being on call, being away from the family just wasn't enough....


  2. #2
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    Your company is following the ''minimum'' standard
    of the law.

  3. #3
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    Depends on the laws in your State.

    Federal law is OT over 40 hours for non-exempt workers. Some States, California is one (and perhaps the only) where hourly workers get OT after 8 hours.

    I get OT after 8 because I am a union member, it is part of my contract.

    If you are not a union member, then you are a plain old hourly employee subject to the laws in your area.

    If your employer or their accounting firm messed up, be glad that they do not get the money you were overpaid back...
    Proper Prior Planning Prevents Piss Poor Performance

    "There is hardly anything in the world that some man cannot make a little worse and sell a little cheaper, and the people who consider price only are this man's lawful prey. It's unwise to pay too little.
    When you pay too much, you lose a little money -- that is all. When you pay too little, you may lose everything, because the thing you bought was incapable of doing the thing it was bought to do.

    The common law of business balance prohibits paying a little and getting a lot -- it can't be done. If you deal with the lowest bidder, it is well to add something for the risk you run. And if you do that, you will have enough to pay for something better."

    John Ruskin


  4. #4
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    Thread Starter
    That's what I was afraid of.....My wife is about to do the math on my last 8 weeks of checks to see how much pay I would have lost....I hate to think

    Don't most Refrigeration companies pay OT after 8....I can think of a few here locally that do.

  5. #5
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    Union or Non Union, If a shop wants to keep
    techicians around then they can do better
    than the minimum

  6. #6
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    If the company is required to pay overtime after 40 by law, that is all they have to do.

    It is a benefit for the employee if they pay OT after 8 if they don't have to.

    If other companies in your area pay OT after 8, and they are not required to do so, might be time for a move...
    Proper Prior Planning Prevents Piss Poor Performance

    "There is hardly anything in the world that some man cannot make a little worse and sell a little cheaper, and the people who consider price only are this man's lawful prey. It's unwise to pay too little.
    When you pay too much, you lose a little money -- that is all. When you pay too little, you may lose everything, because the thing you bought was incapable of doing the thing it was bought to do.

    The common law of business balance prohibits paying a little and getting a lot -- it can't be done. If you deal with the lowest bidder, it is well to add something for the risk you run. And if you do that, you will have enough to pay for something better."

    John Ruskin


  7. #7
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    Thread Starter
    A move just might be in the minds of 3-4 experienced techs.....something stinks.....I can only imagine what will be next..

  8. #8
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    In the Southeast, maybe other locations, they only pay time and 1/2 for hrs over 40 actually worked. In other words, if you had 8 hrs holiday, 8 hrs vacation and 40 hrs actually worked in a 7 day week; they only have to pay you 56 hrs of straight time.

  9. #9
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    check your local agreement it is usually stipulated in there.

  10. #10
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    I never heard of such a thing. If you do the math you could do this every week and never have to put in a full week. How does your boss make any money to pay you? He bids a job at straight time and has to pay overtime to get it done?

  11. #11
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    Thread Starter
    Originally posted by benncool
    I never heard of such a thing. If you do the math you could do this every week and never have to put in a full week. How does your boss make any money to pay you? He bids a job at straight time and has to pay overtime to get it done?
    There is no bidding going on..we are talking Market Refrigeration....we are under contract with our local chain...40+ stores....The store gets charged OT between the hours of 5pm and 7am.....so if the store gets charged OT...we should be paid OT...

    How in the hell do you figure.....if I go out at 10pm and work till 4am.....I damn well expect to get paid OT for that time...

  12. #12
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    We pay our employees for overtime if it is billed for overtime. This is only a perk of our company.
    Karst means cave. So, I search for caves.

  13. #13
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    Anything over 8 the guys get ot, union shop.
    No work no pay, no holiday pay, no vacation pay.
    I have guys that want to work 4-10 to make up for a holiday, some say they should get paid 32 and 8 ot.

  14. #14
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    Originally posted by joker1
    Union or Non Union, If a shop wants to keep
    techicians around then they can do better
    than the minimum
    I work for a large union contractor.
    They pay overscale if you are good
    They buy fancy vans for the field supervisors (Power everything CC cd player the whole bit).

    If an employer values an employee , they will keep you happy. If they don't they will eventually suffer.

    Fitter , let's say you pull an allnighter on monday , probably from wednsday on you'll be on O.T.

  15. #15
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    Market tech here

    Anything over 8 we get O.T. unless we did not come in due to a dentist appointment of something else. Then 8 hours worked before o.t. We are non-union
    Quality and Value Service and Repair

  16. #16
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    I'm guessing Fitter that you don't work for a union shop. Best bet is to do a little homework to see what the law states in your area. If you find they only pay O.T. after 40 hours... then that's that... unless you find other shops 'lure' techs in, by offering better bennies. Like O.T. after an 8 hour day.

    Some shops fight the law, don't do what they are supposed to... and use the threat of 'firing you' if you don't comply. If this is the case where you work. Work there only long enough to keep food in the fridge, and wolf away from the door while you ACIVELY seek a better job situation.... PERIOD!

    In truth, if you are busy enough to work an average 8 hour days, for five days... and you make your normal 40 hrs... then it's good to get the over time. but if you are in slow season... and only make like 32 hours in a normal work week... then on friday, you get after hours calls... and they feel you should work the remaining 8 hours over the weekend if you are called out, on 'regular' time... the question I ask... ARE they charging those 8 hours to the customer at overtime rates? If the answer is yes... then you deserve the same respect. The shop benifiets from your labour at overtime rates... so should you. If they hide behide the law saying they don't have to pay you those '8' hours in overtime.... then fire your boss... seek one that shows respect.
    Teach the apprentices right... and learn from their questions and ideas.

  17. #17
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    Our company has always been OT only over 40. Since you always work at least 8 a day this has never been a problem because you always get your 40 plus the OT.I guess you need to watch out in case they are cheep and send you home early at the end of the week to stop having to pay you OT. If they play that game I would drop them and move on.

  18. #18
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    The non union company I used to work for here in PA was time and 1/2 after 40 hrs worked. What really sucked was if you were on call during a holiday. If you didn't work 4 10s during the week you ended up getting straight time for any on call work over the holiday. Whole different story now! Union maintenance, time and 1/2 after 8hrs, double after 50 worked. Sundays and holidays are always double.
    I LOVE this place!!
    Make it fool proof and someone will make a better fool!

  19. #19
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    if im called out after 5pm (monday to friday)i charge OT to customer and i get paid OT.Saturday and sunday are automatic OT. Also if im on a job and i have to work past 4:30pm i charge customer OT after that time. All customers get a copy of our company policy so they are aware of this upfront. No complaints so far.

    [Edited by lowtemp on 07-28-2005 at 06:26 AM]

  20. #20
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    Originally posted by ricm
    the question I ask... ARE they charging those 8 hours to the customer at overtime rates? If the answer is yes... then you deserve the same respect. The shop benifiets from your labour at overtime rates... so should you. If they hide behide the law saying they don't have to pay you those '8' hours in overtime.... then fire your boss... seek one that shows respect.
    "Respect" has nothing to do with it.

    The situation of an employer charging OT for after hours work, yet not necessarily paying OT rates is no different than a shop sending out apprentices or similarly lower paid employees, yet charging the customer their standard labor rate.

    If the shop is legally bound to pay OT after 40, then they can do whatever they want- like manipulating employee schedules- to prevent you from getting that OT. Unless you have an agreed start time or normal workday spelled out in an employee handbook, the boss can make you start at 5 pm to meet the customers needs, and charge them OT rates, yet you get nothing.

    I know people that work for a retailer, sometimes these people must work 12-14 hour days. The boss makes em take a longer lunch or they come in late or go home early to avoid the OT pay. They aren't union, so there isn't a damn thing they can do about it.

    "Union" shops are no different. Some will follow the letter of the law and pay all of the benefits entitled to the employee... Some will not. The usual outcome after complaining is termination. The supply of employers is not unlimited, and they do keep a "black book" of employees.

    Every single union shop that I have worked for always "forgets" to pay their employees something they are entitled to. Some even have a "cash" OT program. Some have a "bonus" program for bringing the job in "under hours". I complained once to the Hall. I got my money, and shortly thereafter, I had to find another job.

    [Edited by neophytes serendipity on 07-28-2005 at 06:42 AM]
    Proper Prior Planning Prevents Piss Poor Performance

    "There is hardly anything in the world that some man cannot make a little worse and sell a little cheaper, and the people who consider price only are this man's lawful prey. It's unwise to pay too little.
    When you pay too much, you lose a little money -- that is all. When you pay too little, you may lose everything, because the thing you bought was incapable of doing the thing it was bought to do.

    The common law of business balance prohibits paying a little and getting a lot -- it can't be done. If you deal with the lowest bidder, it is well to add something for the risk you run. And if you do that, you will have enough to pay for something better."

    John Ruskin


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