overtime 40 hpw question

[rvjayoung]

What is the name of your state? Arkansas

I work at a furniture store, a local chain. I always work 9 and 1/2 hours a day minus an hour lunch. I get paid on the first and the fifteenth. I am paid an hourly wage. I was told that even if I wrrk 90 hours in a 2 week payperiod they wouldn't have to pay overtime. They say because time will sometimes go in mid week that the 40 hour work week does not apply. Is this true?

Thanks

 

[cbg]

No, it is not true. You MUST be paid at the rate of time and a half for every hour over 40 that you work in a week; NOT in a pay period. Even if they pay on a semi-monthly basis, they stilll must have a basic 7 day work week. It can be Sunday to Saturday, Wednesday to Tuesday, Friday to Thursday, or any other combination, but they MUST have one and they MUST pay you OT for any hours over 40 that you work in that combination.

You can call the state DOL and file a complaint if you believe the employer is in violation of the law.

 

[rvjayoung]

Thanks for the reply.

They told me they had the laws (the person who said this is known for not telling the truth) that says they can do this. I read elsewhere in this forum that there is a new overtime law. What is it and does it effect me?

Thanks Again!

 

[Beth3]

The new regulations you're referring to have nothing to do with your situation - nothing has changed regarding the requirement to pay time and a-half for all hours worked over 40 in each 7-day payroll period to non-exempt employees.

Either the person at work is an idiot who doesn't know what they're talking about (which would be my guess) or a liar.

 

[JETX]

Of course Beth is correct.
And if you want something to show your 'boss', simply print out the information at the following website:
http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

And for Arkansas:
http://www.arkansas.gov/labor/code.php?code=11-4-211

 

[Beth3]

Of course Beth is correct.[/url]

Have I ever told you how handsome you are, JETX?

 

[JETX]

Have I ever told you how handsome you are, JETX?

Awwww, man!!! Now I have to wipe the lipstick off of my monitor!!

 

[rvjayoung]

Thanks everyone! I contacted the DOL, left a message. They will get back to me. I will keep everyone posted as this unfolds.They have been doing this for years and owe a lot of people $$$!

 

[rvjayoung]

Of course Beth is correct.
And if you want something to show your 'boss', simply print out the information at the following website:
http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

And for Arkansas:
http://www.arkansas.gov/labor/code.php?code=11-4-211

Hey all,

I talked to the DOL and was told because sometimes we load trucks that they DON"T have to pay ANY overtime!!! Dosen't make sense to me!

 

[cbg]

Or to me. It would seem to me that because you sometimes load trucks it would be MORE likely that overtime was due, not less.

Did you talk to the state DOL or the Federal?

 

[rvjayoung]

I talked to both. Because the co grossed over $500,000.00 I was referred to the Fed. DOL. She was the one that told me this. She said Congress had some clause about this. The funny thing is they will pay like 2 hours overtime for say anything over 90 hours. The DOL chick said to consider it a bonus. Are they in bed together?

Thanks

 

[cbg]

Well, this is news to me. Let me do a little research on this when my payroll friends get back to work tomorrow, and I'll tell you what they say.

 

[rvjayoung]

10-4 good buddy! It sounds whacked to me.

 

[cbg]

Okay, here's what I got.

There IS a provision in something called the Motor Carriers Act (I know NOTHING about DOT regulations, which may be why I never heard of it) which DOES have such a provision as you describe. However, if I understand correctly, that only would exempt you from overtime IF YOU RIDE ALONG ON THE TRUCK WITH THE DRIVER.

If this is NOT the case, then what you need to do is call the DOL back and make sure they understand that you do NOT ride on the trucks; that you are at the store location 100% of the time and ONLY assist in unloading occasionally. I had at least two people tell me they suspect the DOL misunderstood you.

Let me know what happens.

 

[rvjayoung]

Thanks so much for the research. as the Account Manager I do have to ride along sometimes as well as drive the truck sometimes. You don't have to have a special license, CDL, etc. It's the size of an ice cream truck.

Once again, much thanks!