Lets say that you work for a company in two different roles, at two different rates. The jobs run consecutive to each other. Separately, the jobs are not more than 40hr/wk (usually), but combined you are putting in far more than 40hr/wk.

Does overtime apply?

2/18/2009 12:34:25 PM

I don't think so.

2/18/2009 12:37:47 PM

no

2/18/2009 12:38:19 PM

how do you input time? do you receive 2 different checks?

since it's for the same company it's sounds like you have 1 job that handles the duties of 2 jobs and thus are eligible for overtime - otherwise why wouldn't all companies pull this crap where they never pay overtime because technically you are working 2 jobs and 1 stops when you hit 40hrs....

2/18/2009 12:38:44 PM

ask hr?

2/18/2009 12:39:42 PM

less than 40 hours = not full time.

two peak time jobs, separate jobs, do not mean you/employee deserve overtime.

2/18/2009 1:04:24 PM

Quote :

"Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed."

there are all kinds of caveats to the specifics, alot of it depends on exactly what kind of work you're doing....but you could contact the flsa office for clarification to your specific situation.

2/18/2009 1:12:22 PM

It depends on whether or not either job is exempt under the FLSA.

As a forester I'm a "professional" who's exempt from overtime.
But, I'm also a forest firefighter and when I play that role I'm not exempt because firefighters aren't exempt. I'm supposed to get paid 1.5xtime for firefighting if it pushes me past 40 hrs (unfortunately the state is screwed up and I get straight time).

2/18/2009 1:13:33 PM

There isnt a real HR dept here.

As for inputting time.... clock in at 4am, clock out at 5 pm. Accountant separates two pay checks, 4am-9am and 9am-5pm.

[Edited on February 18, 2009 at 1:23 PM. Reason : ]

2/18/2009 1:14:57 PM

Sounds like they have done that specifically to fuck you over. I think you're out of luck.

2/18/2009 1:17:33 PM

Quote :

"Sounds like they have done that specifically to fuck you over."

I have no idea if this is legal or not, but probably worth looking into.

2/18/2009 1:49:15 PM

i asked this specific question to an investigator with the DOL, he said that yes you must pay overtime. in my situation it was an employee who worked for two divisions doing similar but different tasks at different pay rates.

also, if you are on a biweekly paycheck and work 50 hours one week but only 30 hours the next you still get 10 hours of overtime pay.

unless of course you are in an overtime exempt position, then none of this applies

[Edited on February 18, 2009 at 1:57 PM. Reason : .]

2/18/2009 1:56:41 PM

b-e-a-utiful

im checking with DOL now

2/18/2009 2:07:50 PM

also depending on how much you want to go after it, the DOL has the authority to go back a long time and get you back pay for any overtime pay you are owed

2/18/2009 2:14:32 PM

Quote :

"Sounds like they have done that specifically to fuck you over. I think you're out of luck."

2/18/2009 2:18:08 PM

If you push too hard there is also the chance you will be "let go" from one or both of these jobs

2/18/2009 3:36:01 PM

^yea, i'm not sure I'd run off and rat them out quite yet...

2/18/2009 3:59:56 PM

^,^^ yea, im not jumping to any conclusions. Ive emailed L&I and explained the situation and asked for the official, legal ruling on this.


In any event, Im holding on to a few small pieces of info that will help ensure Im not getting fucked in the end.

2/18/2009 5:21:43 PM

if you get confirmation that they are indeed fucking you over, definitely hold off on letting them know until you absolutely have to

either they let you go or you quit at some point and you get the money back in one huge lump sum (ive done this before on a very small scale)
or
for some reason you have to make the claim otherwise you lose the opportunity to do so later

2/18/2009 5:51:47 PM

Haha join the military son... you won't have to worry about anything so trivial.

In all seriousness there are weeks where I have worked 130 hours and gotten paid the same for a week that I worked 5 hours. Although I know I average much more than 40 hours a week.

I also know this contributes absolutely nothing to you finding an answer. Good luck.

2/18/2009 6:13:25 PM

^wat?

2/19/2009 12:17:45 AM

OT please come back

2/19/2009 12:26:16 AM

Oh happy day, I thought you folk would like a bit of an update...

Directly from Dept of L&I:

Quote :

"Employees working at two or more rates. Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. (con't. explanation of calculations...)"

and

Quote :

"The overtime requirement may not be waived by agreement between an employee and employer."

Im just waiting for the ruling on calculation of interest.

.....................

Quote :

"if you get confirmation that they are indeed fucking you over, definitely hold off on letting them know until you absolutely have to either they let you go or you quit at some point and you get the money back in one huge lump sum "

Definitely. I am making absolutely sure on all the details related to this. I am going to get copies of all my time cards for the past year and do my own calculations. Additionally, local L&I employee said they will calculate totals owed as well.

As for getting the potential amount owed, I am fairly positive that I will likely be let go. However, even though this is a right to work state, is that allowed?

Either way, I think I have some leverage over the owner that might allow a bit more "bargaining" in my favor.

weeeeee

2/19/2009 9:17:27 AM