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Can someone please help me with the new overtime laws?

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WillParkinson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-04 09:44 AM
Original message
Can someone please help me with the new overtime laws?
I work as a room service waiter. I earn about $28 - $30k a year. I'm the highest paid person in my department.

One of our engineers at the hotel came down the other night saying that we (hotel staff) are no longer going to be getting overtime because of the new laws. I told him that I thought he was mistaken and that he should take the time to read up on the new rules but he continued to go around telling everyone that we were not going to be getting overtime.

Can someone please tell me, in simple terms please (so he'll understand them) what the new rules are for overtime pay?

Thank you!
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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-04 09:55 AM
Response to Original message
1. first of all, it's not a law
Edited on Thu Nov-18-04 09:56 AM by sui generis
it's a policy of the labor department. Being a policy simply means that if you don't get paid, you can't successfully sue for unpaid overtime. That means, IT IS THE EMPLOYER'S PREROGATIVE to offer overtime.

SECONDLY, any employer who jumps on the bandwagon that fast doesn't give a crap about their employees. If they routinely underhire, which causes everyone else to pick up the slack in overtime, then they are getting work for free from you.

Fight back. Tell them your labor policy is to not work overtime unless you get paid for it. Tell them when they hired you, the understanding was that in exchange for your time and expertise, you would receive money. Now they want your time and expertise for free. That's not what you agreed to.

Then start looking elsewhere - there are plenty of employers who pay overtime or hire the right number of people so that overtime is not required.
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msturgis524 Donating Member (297 posts) Send PM | Profile | Ignore Thu Nov-18-04 10:03 AM
Response to Original message
2. The new rule actually affected me the other way
I am no eligible for overtime pay go figure. My employer was quick to tell me they didn't want to pay me any so I can't work over 40 hours. I work in financial services sales. I have always been salaried exempt. No I'm not exempt. The rules basically make it easier for employees to make mid level management exempt employees, meaning no OT. If you do not supervise anyone it is my understanding that they can't make you an exempt employee. Which is why I am no longer exempt.
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meegbear Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-04 10:05 AM
Response to Original message
3. It goes like this ...
Let's say you worked 44 hours, 40 regular and 4 OT.

Instead of paying you time and a half, or whatever overtime pay rules you had, for the 4 hours, you'll get 4 hours of "flex time". You can use this any way to want, so they say.

But, your employer can decide on how it's used; your company's policies on vacation, sick, etc. will apply to it.

And, the most important part, is that they don't have to cough up the extra pay for the OT. A win for them.

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