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re: How do you feel about this employee pay plan during a shutdown?

Posted on 3/24/20 at 8:57 pm to
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 3/24/20 at 8:57 pm to
Yeah, that's not legal unless they are giving all employees a loan in which will be paid back with OT pay. With that though, they wouldn't take payroll taxes out of anyone's check's during that period of time.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
37483 posts
Posted on 3/24/20 at 8:58 pm to
quote:

You just make all employees exempt. Seems simple to me

It isn’t that simple

Since he mentioned “production”, I’m assuming all of these employees wouldn’t necessarily qualify for exempt positions.
Posted by Bjorn Cyborg
Member since Sep 2016
36598 posts
Posted on 3/24/20 at 9:01 pm to
How is that illegal?

These are crazy times. I doubt seriously there would be any issues.

They would be paid for not working at all. I’m sure it could be worked out as a payroll advance.

People commenting using current law are fooling themselves. No one will go after an employer who kept people working.
This post was edited on 3/24/20 at 9:03 pm
Posted by yellowfin
Coastal Bar
Member since May 2006
99043 posts
Posted on 3/24/20 at 9:04 pm to
Probably exempt
Posted by yellowfin
Coastal Bar
Member since May 2006
99043 posts
Posted on 3/24/20 at 9:05 pm to
All it takes is one employee to file a complaint.
Posted by Pendulum
Member since Jan 2009
8171 posts
Posted on 3/24/20 at 9:07 pm to
quote:

People commenting using current law are fooling themselves. No one will go after an employer who kept people working


You are severely underestimating the lawyers and people of this country.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 3/24/20 at 9:07 pm to
quote:

The flip side is it sounds odd to pay people for not working. I am guessing the company is honestly trying to not lay off all their employees and help them through the tough times but get squared up on the back end.

I hope the owners remember that no good deed goes unpunished and they have a plan.
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53838 posts
Posted on 3/24/20 at 9:08 pm to
quote:

Probably exempt

I know that I am but he didn't indicate whether they are or not.

He made it sound like a factory but "production" could be anything I guess.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33431 posts
Posted on 3/24/20 at 9:09 pm to
quote:

How is that illegal?


Overtime laws are fairly detailed and very strict. If the individual normally gets overtime just because but are exempt, they would be fine. If they are not overtime exempt, it won’t matter what you paid them before or why.
Posted by moneyg
Member since Jun 2006
63685 posts
Posted on 3/24/20 at 9:12 pm to
quote:

Dont think that's legal dawg


If they are salaried employees, it’s fine.

Honestly, the workers should be grateful.
Posted by Pendulum
Member since Jan 2009
8171 posts
Posted on 3/24/20 at 9:13 pm to
I've honestly never heard of overtime salary. Is that a thing?
Posted by East Coast Band
Member since Nov 2010
67008 posts
Posted on 3/24/20 at 9:16 pm to
quote:

He made it sound like a factory but "production" could be anything I guess.

This is for the hourly employees. I imagine it will be "paid back" at some type of time and a half rate. In other words, if they are paid for 15 days of no work now, they'll have to work 10 Saturdays to pay it back.
Posted by NoSaint
Member since Jun 2011
12804 posts
Posted on 3/24/20 at 9:17 pm to
quote:

People commenting using current law are fooling themselves. No one will go after an employer who kept people working.




You think not one person will take the checks then complain the first Saturday? I suppose maybe but it’s risky from the employers end.
Posted by UAinSOUTHAL
Mobile,AL
Member since Dec 2012
5338 posts
Posted on 3/24/20 at 9:17 pm to
quote:

However, they also have stated that once production begins, they will be forced to work OT on Saturdays to make up lost production and that they will NOT BE PAID for this OT work.
Not sure of the full details, but I imagine that there is some setup for each shutdown day's pay they'll have to work about 1 OT Saturday.


Yeah that isn't going to happen. Highly illegal and the feds will come down on them with a quickness. I sure they wouldn't want to risk their free money they are about to receive by doing this stupid shite.
Posted by Chief Hinge
There and Here
Member since Sep 2018
3237 posts
Posted on 3/24/20 at 9:17 pm to
You hourly folks are hilarious.
Posted by WilsonPickett
St Amant, LA
Member since Oct 2009
1709 posts
Posted on 3/24/20 at 9:33 pm to
quote:

Yeah that isn't going to happen. Highly illegal and the feds will come down on them with a quickness. I sure they wouldn't want to risk their free money they are about to receive by doing this stupid shite.


THIS! Some baws wife is gonna get his check after he puts in 50hr and it’s only for 40hrs pay and she’s gonna shite the bed and raise some hell. No good deed goes unpunished!
Posted by AtlantaLSUfan
Baton Rouge
Member since Mar 2009
27560 posts
Posted on 3/24/20 at 9:36 pm to
Hope they’re on salary. Wish my salary paid overtime.
Posted by Chillini
Member since Sep 2012
3153 posts
Posted on 3/24/20 at 10:03 pm to
If salaried it doesn’t matter, but if hourly OT pay will be cheaper than legal consequences.
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