[Avatar photo from a Florida training accident. Everyone walked away.]
2 Tim 3:16-17
RSES CMS, HVAC Electrical Specialist
Member, IAEI
AOP Forum Rules:
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?
Real machines have turbines or gearboxes!
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..
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.
[Avatar photo from a Florida training accident. Everyone walked away.]
2 Tim 3:16-17
RSES CMS, HVAC Electrical Specialist
Member, IAEI
AOP Forum Rules:
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
[Avatar photo from a Florida training accident. Everyone walked away.]
2 Tim 3:16-17
RSES CMS, HVAC Electrical Specialist
Member, IAEI
AOP Forum Rules:
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.
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.
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.
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!
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.