Laws concerning overtime

Joshua312 · 05-18-06, 07:59

Last week I workeds 81 1/4 hours for the business I work for (very small)...2 owners and me and my mom are the only full-time constant workers, everyone else we hire as we need them (catering business/banquet center)

Anyways..Long story short, I got paid these hours...but no over-time...when I brought it up with the owner the first time he said the people who he seen working hard will benefit at the end of the week when they open their envelope...he told me I was going to get paid extra, and I go to open it up and it is the exact amount - Is there any law to paying overtime with these hours?

DETAILKING · 05-18-06, 08:34

Yes and no.

Check your state and local labor laws. It mostly depends on what type of employee you are...hourly or salary, and if you are exempt from overtime. If that was the case, I wouldn't work any.......

tanha · 05-18-06, 08:35

This varies from state to state, and I'm not sure about Michigan. Try searching the Michigan department of labor's site, or even give them a call.

For example, in NY, your employer does have to pay you for overtime, but only has to pay at your regular rate. Those that earn time and a half or double time, earn it thanks to their contract with their employer.

Ohio is a "Right To Work" state, which I interpret as there being little protection for the employee. I've only been salaried here, so I don't know how things work out if you're paid hourly.

jsatek · 05-18-06, 09:00

Quote:

Originally Posted by tanha

This varies from state to state, and I'm not sure about Michigan. Try searching the Michigan department of labor's site, or even give them a call.

For example, in NY, your employer does have to pay you for overtime, but only has to pay at your regular rate. Those that earn time and a half or double time, earn it thanks to their contract with their employer.

Ohio is a "Right To Work" state, which I interpret as there being little protection for the employee. I've only been salaried here, so I don't know how things work out if you're paid hourly.

New York HAS to pay overtime to any hourly employee making LESS than 6.5 times current minimum wage.

tlak · 05-18-06, 11:46

In IL it depends how many people is employed at the company, if less than 50 (or something like that) most of the lows don’t apply. Also it depends of the ownership, most likely if it’s lass than 50, company is privately owned. Often small places have regulations (hand book or such) that you sigh at the time when you become employ and you are cover by the rules specified.

Setec Astronomy · 05-18-06, 01:47

Federal law requires time-and-a-half for any hours worked over 40, except for certain types of businesses, including restaurants that gross less than $500,000/year. The catering business may fall into this category. Tipped employees are exempt from the minimum wage laws, but not from the overtime laws. More here: http://www.dol.gov/esa/regs/compliance/whd/whdfs2.htm

Tasty · 05-18-06, 02:31

All laws are different for a company with less than a certain number of employees. Went through a nasty resignation/pregnancy issue thing with one of my wife's jobs and the guy was pretty much protected because he employed so few people. One of the pitfalls of working for a small business.

Setec Astronomy · 05-18-06, 03:37

Quote:

Originally Posted by Tasty

All laws are different for a company with less than a certain number of employees.

Um...all laws are different...if you look at the DOL site that I linked, the threshold for FLSA I think was 2 employees (effectively saying unless you work by yourself, the overtime laws apply). OSHA doesn't care how many employees you have. There are many federal regulations for government contracting which exempts companies under 500 or 50 or 25 from various provisions.

Joshua312 · 05-18-06, 04:13

I dont know if this helps any, but I was paid in cash also for this occassion

94BlkStang · 05-18-06, 04:16

Quote:

Originally Posted by Setec Astronomy

Um...all laws are different...if you look at the DOL site that I linked, the threshold for FLSA I think was 2 employees (effectively saying unless you work by yourself, the overtime laws apply). OSHA doesn't care how many employees you have. There are many federal regulations for government contracting which exempts companies under 500 or 50 or 25 from various provisions.

That's correct. Federal laws are the minimum standard for which a business must uphold. States can go above and beyond, but they can't do less than what the Federal Law states.

GearHead_1 · 05-18-06, 04:35

Quote:

Originally Posted by Joshua312

I dont know if this helps any, but I was paid in cash also for this occassion

This shouldn't matter one way or the other assuming it's not an under the table payment and all of your tax requirements are met.

Spilchy · 05-18-06, 04:53

Quote:

Originally Posted by Joshua312

I dont know if this helps any, but I was paid in cash also for this occassion

It helps tremendously, especially if taxes weren't taken out. If NO taxes were taken out then you have no argument and that was your bonus for working overtime because receiving cash saved you like 30% in taxes that would otherwise have been taken out.

Cash is king!