My husband worked 70.5 hrs in one week and his boss only paid him his reg hourly wage. He didn't get the time and a half for the other 30.5 hrs. He paid him his reg hourly wage for all 70.5 hrs. I would like to know if that is illegal for an employer to do that?
2007-10-12 06:36:49 · 13 answers · asked by Momma261 1 in Politics & Government ➔ Law & Ethics
This isn't fair. If you work all of this overtime you shoudl be allowed to get time and 1/2.
2007-10-12 06:45:42 · update #1
It is just a reg. job fixing the chassis that containers sit on that trucker drivers pull. The boss told him he was only paying him straight time.
2007-10-12 06:49:49 · update #2
My husband is american, on the other hand I am not. I am german but here legally. I've been here since I was 6 though
2007-10-12 06:52:57 · update #3
If your husband voluntarily worked that many hours, then no, the company is not required to pay him time and a half. If the company required him to work those hours, then they should pay him time and a half for those extra hours.
If he works in construction, then it will just be straight time. Many construction companies do not pay time and a half because employees are expected to work long days... that is the job.
If it really bothers the both of you, I would request an employee handbook from the company and see if they have a section on overtime. Maybe you'll find they do, and can bring this is up the payroll department.
2007-10-12 06:47:51 · answer #1 · answered by Lisa 3 · 0⤊ 1⤋
If your husband is a salaried employee (paid annually) he can work a million hours a week and not be compensated. However, if he is hourly he MUST be paid time-in-a-half after 40 hours of work. There are some states (i.e., Nevada) that require the employee to be paid overtime if they exceed a normal 8 hour work day.
2007-10-12 06:51:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unless your husband is a union member or has a contract with his employer stating otherwise then yes, it's legal. I believe the new federal rule is overtime has to be paid after working 80 hours in a two week period or something like that, google it and check the details. Bottom line is, there are so many loopholes in the overtime policies that an employer can pretty much do whatever he wants.
2007-10-12 06:45:11 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Overtime used to be mandatory after 40 hrs except for salaried employees. Republican have watered down these and other labor protection laws over and over again. Now there are various categories of employees for whom overtime pay is not required. I don't know what your husband does, or the categories. You could probably get this at the US Dept of Labor. Vote Dem and protect labors rights.
2007-10-12 06:43:41 · answer #4 · answered by irongrama 6 · 3⤊ 0⤋
is he paid weekly or by weekly?
Weekly is 40 hrs at regular pay and time and a half for all over 40 hours
if bi-monthly, he must work 80 hours before he quality's for overtime.
If he's on salary he does not qualify for over time.
2007-10-12 06:49:19 · answer #5 · answered by Jan Luv 7 · 0⤊ 0⤋
what intervals does he get paid? If hes paid weekly this is undoubtedly illegal unless he works as a subcontracted employee, but if he gets paid bi-weekly employers get out of paying overtime by cutting hours in the second week to even the hours out and although this is certainly grimey and dispicable almost every company does it.
2007-10-12 07:00:00 · answer #6 · answered by silencetheevil8 6 · 0⤊ 0⤋
It depends on the contracts in place. Time and 1/2 is not a guarantee. Where I work, we get 1.5 x the overtime amount OFF in compensating hours at one level (but no additional pay) -- but higher levels get NO compensation for overtime at all.
2007-10-12 06:40:24 · answer #7 · answered by Yahzmin ♥♥ 4ever 7 · 0⤊ 0⤋
Depends on what his job is, some jobs are exempt from the time and a half law. Agricultural work is exempt. Go to the Federal Dept of Labor website and find out. If he's not in an exempt occupation contact your state Dept of Labor.
2007-10-12 06:50:31 · answer #8 · answered by ophirhodji 5 · 0⤊ 0⤋
According to the Department of Labor, if a person is paid an hourly rate, the employer is required to pay time and a half for hours worked over 40 in one week.
2007-10-12 06:45:34 · answer #9 · answered by sandwest 5 · 2⤊ 1⤋
Lots of opinions here. First. He is the one that should contact wages and hours. Dept of Labor. HE will provide the info and THEY will investigate. HE should npot be fired for whistle blowing and the boss if in the wrong will be thoroughly investigated with individual time sheets loked at for MANY employees. On the other hand if said employee is undocumented, he risks his hard working behind being deported.
2007-10-12 06:47:54 · answer #10 · answered by MrNeutral 6 · 0⤊ 0⤋