If you have been doing work that is classified by the US Dept of Labor as non-exempt and you have not been paid time and a half for overtime, they can act on your behalf to get back pay from the employer. If you are being required by your employer to log less time than you are working, like by being required to work befor clocking in or after clocking out or if the employer is sheeting onthe timekeeping, then keep your own daily journal.
It doesn't matter if you are salaried or hourly or how much you are paid for the hours you do work. If the work you do does not qualify for an exemption then your employer cannot calim an exemption.
This also assumes that the employer is subject to the Federal Lay which most are.
For any work over 8 hours in one day, *or* 40 hours in the week, *YES*
Example: if you put in 5 12-hour days, you're entitled to time-and-a-half for the last 4 hours of the 1st three days, *AND* everything after the first 4 hours on the 4th day. Thus, out of 60 hours actually worked, you're earning 'straight time' for 28 of them, and time-and-a-half for
32 of them.
For an *exempt* employee, _regardless_ of how they are paid, that is correct. An hourly exempt, however, is guaranteed the hourly rate for _all_ hours worked.
Being paid hourly does -not- automatically make you 'non-exempt'. Again,
*EVERYTHING* depends on the actual job duties. *That* is what determines whether the job is 'exempt' or not. In broad, "exempt" is management, "professional" and/or some "technical" staff positions. Rank-and-file "labor", including 1st-level 'supervisory' positions, is _almost_always_ the 'non-exempt' category.
If you _are_ paid hourly, there are other sections of Federal Labor law that require that you be paid that hourly wage (at least) for *all* hours worked. E.g., *even*if* "exempt", but paid hourly, they have to pay "straight time", at least, for _all_ hours worked. It *IS* illegal for them to require an 'exempt' _hourly_ employee to put in "unpaid overtime". However, an exempt hourly employee is -not- "entitled" to time-and-a-half, or any other 'differential' (holiday, night, week-end, etc.) for excess work. Caveat: if employer has a practice of paying any such differentials to _any_ such 'exempt' hourly persons, they must do the same for *all* such exempt hourly persons.
After being away from the group for a couple of years, I have just been poking through the last 30,000 messages or so, and was reminded of David Marks, whose program appears in our area at an hour I try never to see on Saturday morning. His Web site shows a lot of work spectacularly decorated with patinated silver and copper leaf. (If this is what he does on TV, I'll have to get up earlier, Saturday or no!) Does anyone know how he achieves those effects? Can anyone point me to a how-to or other source of information? I would love to be able to try this on some of my own "work." At the moment, it would be more wasteful than gilding a pukey duck, but my skill level pretty much has to come up eventually.
Two situations make that statement not always true: compressed work schedules, and flexible work schedules. Tens of thousands of nurses, firefighters, law enforcement and prison officers, etc., are very accustomed to work weeks other than "straight 40". There are CWS and FWS agreements that call for "first 40" scheduling; you can work two 16 hour shifts and an 8 hour shift and be done for the week. Anything beyond that is OT, but the 16 "additional" hours on the first two days are *not* OT.
As to "other Kevin": bail, dude. You're on a sinking ship. I know that $800-1200 per week is hard to give up, but it's easier to find another job before all your co-workers are out there competing for them too.
We don't get any of his ww programming anymore on cable and I'm not sure DIY is taping any more of his stuff. I do some metal patina stuff and broke down and bought his gilding/patina tape he describes on his site. On the tape he shows how he makes the patinated silver and copper. The woman he 'coauthored' with on the tape adds very little and Marks, essentially, goes over the same processes again in more detail. It might be questionable whether the $65 I spent was worth it..I dunno. Larry
You must be seeing him on HGTV. He's on 8 times a week on DIY network. While the network is mostly worthless as far as other woodworking programs go, David Marks is definitely a must-watch.
His show page on DIY's web site has lots of details. In at least one, he's explained how he treats copper (gauze saturated with the appropriate 'stuff', seal the whole thing up in a garbage bag, and wait).
The projects on his show tend to be just a little tamer than what's on his personal website. Here's the link to his show:
That makes it important to pick who you work for. I'm exempt and get no OT. When I do something a little "extra" or out of the ordinary, I do get little treats though. There is absolutely no obligation on the part of the company. When one of the late shift supervisors takes vacation, I'll fill in for them. The owner will often tell me "take your wife out to dinner" or something similar. Ed
Thanks, Larry and Kevin. I was really taken with his work, but too pressed for time to check out the program or product pages. I'll go back and see what he offers.
Two or three of them. Unfortunately, unlike computers, which in something over 20 years have rarely given me trouble I couldn't handle, I have never been able to program a VCR reliably. Half the time, I can't even get the %&#*!!! things to record something when I'm sitting there with them, much less on a delay.
WADR, if it's made of wood, it can't be more complicated than a VCR.
Actually, for me not much is. In years now long past, I repaired my Vector Graphics System B with circuit diagrams, a chip handbook, and a soldering iron (absent-mindedly turned off my state-of-the-art Hayes 300 baud modem before shutting down the computer); debugged RS-232 ports; and wrote my own stock-charting program in Gee-Whiz Basic. (I also walked miles to school uphill in both directions.) I don't know whether it's what passes for a "user interface," the crappy manuals, or some odd blind spot in my own mental processes, but none of those chores was as hard as getting a VCR to work properly on the timer. (Configuring Linux did come close; next time, I buy one of the consumer-oriented versions.) I can set them up blindfolded; I just can't use them.
As a general rule a bona fide collecitve bargaining organization (usually that's a union) is allowed to bargain away specific previsions of the wage and hour law. Thus you do have firefighters who are on duty for
40 hours straight, folks who work 4 ten hour days instead of 5 eight hour days and so on.
The wage and hour laws apply by default to those who are eligible and who do not have a collective bargaining agreement in place.
On Mon, 20 Oct 2003 16:54:57 GMT, "Owen Davies" pixelated:
Then you'll have no trouble with reproducing one of these by, say, next weekend? Um, that's design and reproduction _without_ the kit or plans, please. It's nothing complicated. Just cutting wood, right? .
formatting link
Yeah, I know. That's like asking me to finish a bow saur in less than a year. ;)
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