- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Labor Law Question
Posted on 4/21/17 at 4:28 pm
Posted on 4/21/17 at 4:28 pm
Can you be a part time employee (scheduled to only work, say 32 hours a week) and paid hourly but yet the employer refuses to pay overtime of any kind compensation for hours worked in excess of 40? Hours worked in excess of 32 are strictly at the employer's request, not employee's decision.
9
Posted on 4/21/17 at 4:30 pm to NASA_ISS_Tiger
Depends on if the position is exempt or nonexempt?
What type of position is it?
What type of position is it?
Posted on 4/21/17 at 4:32 pm to dale10
It's working in a doctor's office.
Can you be exempt or non-exempt and be part time?
Can you be exempt or non-exempt and be part time?
Posted on 4/21/17 at 4:35 pm to NASA_ISS_Tiger
You might need to move this to the money board if you don't get the answers you need on the OT
Posted on 4/21/17 at 4:38 pm to NASA_ISS_Tiger
Regardless of an employee's status as part-time or full-time, he or she must meet the minimum salary threshold for exemption from overtime pay under the FLSA. So, a part-time employee must receive at least $455/week in salary to be exempt from the FLSA's overtime requirements.
Posted on 4/21/17 at 4:38 pm to NASA_ISS_Tiger
The law and company policy can be different. However, if you are hourly I rarely see any chance that if you work more than 40 hours in a scheduled work week that they would not owe you 1.5 times your hourly rate. Many employees and certain states, like Cali, pay overtime after 8 hours per day or have special OT rules.
Again, there are many factors but knowing what state and your FLSA classification would be a start.
Again, there are many factors but knowing what state and your FLSA classification would be a start.
This post was edited on 4/21/17 at 4:39 pm
Posted on 4/21/17 at 4:43 pm to Crow Pie
This is correct, and if they pay you hourly you can't be exempt.
Posted on 4/21/17 at 4:45 pm to baybeefeetz
If you are hourly and you work more than 40 hours, you are due time and a half. I'm not a lawyer, but I don't think there's any way around that.
The work arounds are for salaried employees.
The work arounds are for salaried employees.
Posted on 4/21/17 at 4:50 pm to baldona
I practice employment and labor law. It boils down to whether you are an exempt or non exempt employee. Generally speaking, if you are a non-exempt employee, an employer cannot refuse to pay you time and a half for hours worked over 40.
If you are a non-exempt employee and work over 40 hours, no matter if it's at the employers request or your request, you must be paid time and a half under the FLSA. That is, if you are a non-exempt employee. There are many tests to determine if you are an exempt or non exempt employee, which I will not get into.
If you are a non-exempt employee and work over 40 hours, no matter if it's at the employers request or your request, you must be paid time and a half under the FLSA. That is, if you are a non-exempt employee. There are many tests to determine if you are an exempt or non exempt employee, which I will not get into.
Posted on 4/21/17 at 4:52 pm to Jim Smith
quote:
There are many tests to determine if you are an exempt or non exempt employee, which I will not get into.
I would like to see any information on where I can see those tests.
Is this something the NLRB looks into?
By the way, thank you all who have posted.
Posted on 4/21/17 at 4:55 pm to NASA_ISS_Tiger
On another note: Does anyone know the requirement or law about if a part time (32 hours) worker works more than 32 but less than 40...can the employer refuse to pay the overage (especially if the work is done at the employer's request)? In other words, the employee is not "milking the system" the employer is requiring the employee to work hours beyond the 32.
Posted on 4/21/17 at 4:56 pm to NASA_ISS_Tiger
The responses above dictating exempt vs non-exempt are 100% the correct answer to the overtime 1.5x base pay question.
But, I feel like everyone is missing the bigger point here...
32 hrs/week ain't part time. Over 30 average per week in a one month period, and you're full-time. If your employer is working you 30+ every week, and calling you part time, you need to GTFO and find a better job.
Also note that, assuming you are non-exempt, 1.5x only happens after you've hit 40 hours in a week, and, if you're non-exempt, you're entitled to that regardless of part time or full time status.
Edited for clarity.
But, I feel like everyone is missing the bigger point here...
quote:
Can you be a part time employee (scheduled to only work, say 32 hours a week)
32 hrs/week ain't part time. Over 30 average per week in a one month period, and you're full-time. If your employer is working you 30+ every week, and calling you part time, you need to GTFO and find a better job.
Also note that, assuming you are non-exempt, 1.5x only happens after you've hit 40 hours in a week, and, if you're non-exempt, you're entitled to that regardless of part time or full time status.
Edited for clarity.
This post was edited on 4/21/17 at 5:49 pm
Posted on 4/21/17 at 4:59 pm to NASA_ISS_Tiger
quote:
I would like to see any information on where I can see those tests.
Is this something the NLRB looks into?
By the way, thank you all who have posted.
So unless you are in a union or have a section 7 issue, the NLRB is not where you want to look. You are looking for the department of labor wage and hour division.
The department of labor's website has a wealth of information.
I'll just say this...if you ask the DOL WHD to look into this issue, it's going to make things frosty between you and your employer if you are still working there. Certainly, retaliation by an employer is prohibited, but if you are in a small office, you need to keep this all in mind. Nevertheless, if you are not getting paid for hours worked, it sounds like you don't need to work there anyway.
Posted on 4/21/17 at 5:04 pm to Fatty Magoo
quote:
Labor Law Question The responses above dictating exempt vs non-exempt are 100% the correct answer to the overtime 1.5x base pay question. But, I feel like everyone is missing the bigger point here... quote: Can you be a part time employee (scheduled to only work, say 32 hours a week) 32 hrs/week ain't part time. Over 30 and you're full-time.
Whether or not the employee is a part time work or full time worker is irrelevant if they have worked over 40 hours in a work week. If non-exempt, time and a half is still required.
Posted on 4/21/17 at 5:44 pm to Jim Smith
I concur 100%, time and a half is only dictated by exempt vs non-exempt classification.
What I was trying to say was that if the employer is telling OP that they are part time (and this not eligible for benefits, health care, etc.), but OP is working 32+ hours a week, then time and a half pay is not the only issue here.
What I was trying to say was that if the employer is telling OP that they are part time (and this not eligible for benefits, health care, etc.), but OP is working 32+ hours a week, then time and a half pay is not the only issue here.
This post was edited on 4/21/17 at 5:50 pm
Posted on 4/21/17 at 5:47 pm to NASA_ISS_Tiger
quote:
Can you be a part time employee (scheduled to only work, say 32 hours a week) and paid hourly but yet the employer refuses to pay overtime of any kind compensation for hours worked in excess of 40? Hours worked in excess of 32 are strictly at the employer's request, not employee's decision.
If you are paid by the hour and work more than forty hours in a workweek, then you are entitled to time and one-half.
If you love your job and don't want to hassle with it, you can go back and recover two years worth of unpaid overtime, plus an equal amount of overtime as liquidated damages. You can sometimes go back three years.
If the employee is a nurse and is not paid hourly, there may be an exemption issue.
NOTE: This does not constitute legal advice nor is any attorney-client relationship created. You should seek advice from a lawyer.
This post was edited on 4/21/17 at 5:53 pm
Posted on 4/21/17 at 5:53 pm to chinhoyang
quote:
If you are paid by the hour and work more than forty hours in a workweek, then you are entitled to time and one-half.
False. You are only entitled to 1.5x pay if you are a non-exempt employee.
There are plenty of people paid by the hour that are classified as exempt.
Posted on 4/21/17 at 5:54 pm to Fatty Magoo
quote:
There are plenty of people paid by the hour that are classified as exempt.
Give us some examples.
Posted on 4/21/17 at 5:57 pm to Fatty Magoo
quote:
False. You are only entitled to 1.5x pay if you are a non-exempt employee. There are plenty of people paid by the hour that are classified as exempt.
I've already made the distinction between exempt and non-exempt employees. See above.
Posted on 4/21/17 at 5:58 pm to chinhoyang
lawyers
doctors
dentists
teachers
architects
clergy
registered nurses (but not LPNs)
accountants (but not bookkeepers)
engineers
actuaries
scientists
pharmacists
doctors
dentists
teachers
architects
clergy
registered nurses (but not LPNs)
accountants (but not bookkeepers)
engineers
actuaries
scientists
pharmacists
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News