|
|
|
|
Junior Member
|
|
Jul 19, 2011, 07:10 PM
|
|
Are part-time employees supposed to get overtime pay?
My husband is a part-time employee, he is supposed to work 30 hours a week. However, he frequently works more than 30 hours, much of the time he works over 40 hours a week. Is he supposed to be getting overtime pay when he exceeds either 30 or 40 hours? We live in NY, if that matters.
|
|
|
current pert
|
|
Jul 19, 2011, 07:17 PM
|
|
He is supposed to get time and a half if he works over 40 hours in a payroll week (unless he lives in, then it's 44 hours).
|
|
|
Expert
|
|
Jul 19, 2011, 07:18 PM
|
|
If he works over 40 in a pay period. (week) unless he is in some job area. ** may depend on what job he does, example commission sales or a police officer may not
|
|
|
current pert
|
|
Jul 19, 2011, 07:39 PM
|
|
True, federal law excludes some types of employees from the time and a half rule (commonly called "exempt" positions). The Fair Labor Standards Act, U.S. Department of Labor, Wage and Hour Division, outlines those occupations:
http://www.dol.gov/elaws/esa/flsa/screen75.asp
NY follows these exclusions, but DOES require that workers receive at least one and one-half times the minimum NY wage of $7.25 for OT.
|
|
|
Expert
|
|
Jul 19, 2011, 07:42 PM
|
|
When I was a officer at one location, it really was bad, we only got a hour of "comp" time for working over time, not even any pay at all. I had about 100 comp hours when I left them,
|
|
|
Junior Member
|
|
Jul 19, 2011, 07:46 PM
|
|
He is a mechanic working for the city.
|
|
|
Junior Member
|
|
Jul 19, 2011, 07:47 PM
|
|
Comment on SmilingInside's post
Oh-and what should he do, should he ask for retroactive pay for the periods he worked over 40 hours? Where should he go with this?
|
|
|
Expert
|
|
Jul 19, 2011, 07:51 PM
|
|
He should go in and talk to the Human Resourse clerk and/or manager and ask them to explain his pay, and how overtime is treated.
And make sure it is in a pay period, some places figure pay like Wed though Tuesday, not Sunday though Sat.
|
|
|
current pert
|
|
Jul 19, 2011, 07:55 PM
|
|
First are we clear that he is an employee, getting a wage, and not a contractor getting paid with no taxes taken out?
If he really is on wages, then he should have course ask for OT.
I'm surprised that the city would overlook this.
(If he's paid on a 1099 basis, no, OT does not apply.)
Start writing down who he talked with and when and what was said...
Google NY Dept of Labor for a list of regional offices.
|
|
|
Junior Member
|
|
Jul 20, 2011, 06:40 AM
|
|
Comment on joypulv's post
Yes, he is an employee, paid hourly.
|
|
|
current pert
|
|
Jul 20, 2011, 06:57 AM
|
|
OK, one more question, what is the pay period (week, 2 weeks, monthly)?
They may argue that he has evened out to 40/hrs/wk over the pay period.
They may be calling him 'exempt' hourly.
Neither mean that they can withhold OT, I believe. Given that he's working for the city (NYC, or another city in NY state?) I'm sure the NY Dept of Labor would be interested. He should ask his personnel dept first, and try to keep it polite. People do get 'let go' after situations like this, so be sure to document every step of the way. You would have a pretty good case.
|
|
|
Junior Member
|
|
Jul 21, 2011, 07:00 AM
|
|
Comment on joypulv's post
It's a 2 week pay period. I did think of that, that they may be just "evening" it out, but that didn't seem right or legal to me... I'm debating whether he should pursue it just because he may get fired for "some" reason...
|
|
|
current pert
|
|
Jul 21, 2011, 12:07 PM
|
|
He could ask the NY Dept of Labor first, instead. Anonymously.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Is it legal to change full-time employees into part-time employees?
[ 7 Answers ]
I would like to know how legal could be changing emplyees' schedulles without notice them before. I was working 40 hours each week since I started in my present job. They have been decreasing the number of hours for some employees. At this moment I'm working 32 hours each week, with 3 days off....
CA overtime pay - Part time employee - private security field
[ 1 Answers ]
I'll keep this as detailed as possible:
1) Employee in private security guard industry.
2) Works two days a week at 12hr shifts.
3) Does he get overtime pay?
4) Are there exemptions to this for security industry?
I've read all the laws from CA website regarding full time employees and to...
View more questions
Search
|