ricktate Posted July 11, 2003 Share Posted July 11, 2003 Does anyone know anything about mandatory overtime law,rules...i work in kansas..lol...i dont mind overtime but when they say your going to work it or get a point against you...makes me have a bad attitude...would like any info. on this, thanks guys....rick Quote Link to comment Share on other sites More sharing options...
hwatkins Posted July 11, 2003 Share Posted July 11, 2003 Tough one Rick - I am not an attorney but I have had folks working for me in 30 of our states and can tell you that the overtime issues are generally regulated by the state. I believe there is a baseline federal regulatory issue and the states add on top of that. That said - in some cases mandatory overtime is allowed (generally with a wholesale consent of the employee that it will happen), but I am unsure which states do not allow the practice. A couple of for instances - Some states may (I believe LA is one of those) set a mandatory overtime pay as something different than the standard 40 hours a week (I believe LA is 52 hours). Other states (CA is one of those, of course) go so far as to require overtime for certain 'non-hourly' paid employees. A local employment attorney would be your best bet here. Quote Link to comment Share on other sites More sharing options...
justin_tx_16 Posted July 11, 2003 Share Posted July 11, 2003 In Kansas, work in excess of 46 hours in a week must be compensated at a rate not less than one and one-half times the regular rate of pay. Special rules apply to law enforcement personnel and fire fighters, security personnel, and emergency medical personnel. Exempt from the overtime law are: (1) employees exempt from minimum wage standards; (2) employees selling motor vehicles for a nonmanufacturing employer primarily engaged in selling vehicles to ultimate purchasers; and (3) prisoners. Quote Link to comment Share on other sites More sharing options...
cluless Posted July 11, 2003 Share Posted July 11, 2003 Whatever the laws are NOW might not be an issue CNN Overtime News I'm still waiting for the comp time fairy to wave his wand. I think he took off with the tooth fairy and they are summering in on the french riviera. Quote Link to comment Share on other sites More sharing options...
kev313 Posted July 11, 2003 Share Posted July 11, 2003 oh fer crap's sake...I'm not an attorney in Kansas and as my malpractice insurance wouldn't really cover it, I will not give advice on their laws. That said, those who are not admitted by the Kansas bar or have no other experience in employment law (or as a Kansas business owner) should steer clear of giving advice. For example, in Illinois Justin's answer would be correct. Kind of. It doesn't cover about half a dozen other example (by statute and common law). I suspect the same is true in Kansas. As clu said...things may change. Speak to an attorney in Kansas. Quote Link to comment Share on other sites More sharing options...
Ray Garrison Posted July 11, 2003 Share Posted July 11, 2003 One things for sure, it's a complicated issue. If you do a google search on mandatory overtime laws kansas and quickly peruse the bazillion hits you get, if you're like me you'll quickly get glassy eyes, and an overwhelming urge to buy a thesaurus. If you have a serious question, pay the money and spend 30 minutes with an attorney who specializes in labor law in your state. I wouldn't put any faith in any other opinions you get. Quote Link to comment Share on other sites More sharing options...
MrMcGoo Posted July 11, 2003 Share Posted July 11, 2003 Rick, Call the state agency responsible for labor violations. They may have a pamphlet to send and may be willing to state the general rules. State employees may not give legal advice unless they want to loose their jobs. Once you have the basic information, you will then know what queations to ask an attorney. Bill Quote Link to comment Share on other sites More sharing options...
Malcolm Posted July 11, 2003 Share Posted July 11, 2003 http://www.hr.state.ks.us/home-html/empstand.htm Quote Link to comment Share on other sites More sharing options...
justin_tx_16 Posted July 11, 2003 Share Posted July 11, 2003 We are just trying to help. Contact info at the bottom of this article. On March 31, 2003, the Department of Labor (DOL) published its proposed regulations that would modify the definitions of employees who are categorized as exempt from minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). There is a 90-day public comment period before the Department of Labor finalizes these regulations. The FLSA directly affects nearly every business in the U.S. and is probably one of the least known and misunderstood laws that regulate employers. Let's face it there's nothing particularly sexy about the wage and hour rules. Ignoring these rules, however, can create class action liability, quickly resulting in staggering exposure for your company. But these changes are intended to help employers through this regulatory maze, and better reflect the realities of the current workplace. The proposal includes increasing the minimum salary to qualify for an exempt status from $155 per week to $425 per week or $22,100 per year. With the increase in the minimum salary, the "duties" test would focus only on the employee's primary duty. It eliminates the "long test" requirement that prohibited exempt employees from spending more than 20% of their time on non-exempt duties. So long as the exempt employee receives the new minimum salary and spends at least 51% of his or her time on the primary exempt duties of the job, he or she is entitled to the exemption. So what are the issues, and how can you keep your company out of trouble? One of the most common FLSA problems companies face is properly determining what positions are "exempt." This classification is important because it means that the position is "exempt" from the obligation to pay overtime, which is 1.5 times the regular rate of pay, when an employee works more than 40 hours in a workweek. If misclassified, however, everyone in that position company-wide may be entitled to overtime for the last two or even three years. For employees who are already well-compensated, that exposure adds up fast. Remember that in order for a position to be considered exempt, the employee has to perform certain kinds of duties AND be paid "on a salary basis." Unfortunately, too many employers overlook the "duties" test, and jump right to the salary in the mistaken belief that simply paying a salary makes the position magically exempt. What's more, even if a position is otherwise exempt, the employer can lose the exemption by improperly docking the guaranteed salary for things like partial day absences and (under the current regulations) disciplinary, unpaid suspensions of less than a full workweek. These proposed regulations are also intended to simplify the "duties" tests for the so-called white collar exemptions -- Executive, Administrative and Professional classifications. The simpler tests would focus only on the employee's primary duty, eliminating the "long test" requirements that prohibited exempt employees from spending more than 20% of their time on non-exempt duties. So long as the employee receives the new minimum salary and spends at least 51% of the time on the primary duties of the particular exemption, he or she would be entitled to the exemption. Further fine-tuning of the "Administrative" exemption would remove the requirement that the employee "customarily and regularly exercises discretion and independent judgment" and requires instead that the employee holds "a position of responsibility" with the employer meaning that he or she "performs work of substantial importance," or whose work "requires a high level of skill or training." "Professional" employees would no longer be required to have a college degree if they acquire equivalent advanced knowledge through a combination of intellectual instruction and work experience. The proposed regulations would create a new "highly compensated employee" exemption for an employee who performs office or non-manual work and is guaranteed total annual compensation of at least $65,000 if he or she performs any one or more exempt duties of an Executive, Administrative or Professional employee. Base salary, commissions, non-discretionary bonuses and other non-discretionary compensation all are credited toward the minimum $65,000 per year guaranteed compensation. Also, for the first time in its 65-year history, the new proposed regulations would permit deductions from an exempt employee's salary for unpaid suspensions of at least a full-day for infractions of workplace conduct rules such as sexual harassment or work place violence without jeopardizing the individual's exempt status. The final regulations are expected by the end of 2003 or the beginning of 2004. These regulatory changes provide a great opportunity to audit your positions to ensure that they are classified properly, and to examine your pay procedures to make sure you are not inadvertently jeopardizing the exempt status of your employees by making improper deductions from salary. One caveat: when you conduct that audit consider getting your lawyers involved. Why? Because these are complex regulations that will now be in flux, and you want to make sure you are getting the expertise you need to make these high-stakes determinations. You are also better served if your conclusions are protected by an attorney-client privilege. What you don't want is to have your well-intentioned self-analysis laid open for the DOL or some employee's lawyer to use against you. But a wise employer finds these problems itself and corrects them before the DOL or some employee advocate comes knocking at your door. Shelly L. Freeman is an attorney and president of HROI (Human Resources Return on Investment), a wholly owned subsidiary of Lathrop & Gage L.C. HROI is a full-service human resources consulting firm providing counseling, training, crisis management, audits, compliance reviews, policy development, handbook review, planning and implementing for reductions in force, mediation and alternative dispute resolution. Freeman is also the Presidentelect of the Human Resources Management Association of Greater Kansas City. She can be reached at (816) 460-5210 or sfreeman@hroi-lg.com. Quote Link to comment Share on other sites More sharing options...
justin_tx_16 Posted July 11, 2003 Share Posted July 11, 2003 Department of Labor - Wages Overtime Pay DOL Web Pages on This Topic An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest. Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay. DOL Web Pages on This Topic: Fact Sheet on the Overtime Pay Requirements of the Fair Labor Standards Act (FLSA) Provides general information concerning the application of the overtime pay provisions of the FLSA. "When Is Overtime Due?" Information about overtime. "Is Extra Pay Required For Weekend Or Night Work?" Additional information about overtime pay. "When Is Double Time Due?" Additional information about overtime pay. Handy Reference Guide to the Fair Labor Standards Act Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act. Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet General information about who is covered by the FLSA. Quote Link to comment Share on other sites More sharing options...
cluless Posted July 11, 2003 Share Posted July 11, 2003 hey justin, it looks like you've been working a little overtime on that post. Too bad we don't pay nuthin. Quote Link to comment Share on other sites More sharing options...
justin_tx_16 Posted July 11, 2003 Share Posted July 11, 2003 I live to help, I love to help, I help to live, I love to live, I live to love, I help to love, I love to help. It goes full circle. Pay It Forward ya know... (BTW, Clu, I have some more booze-lates if you want some Just keep Less out of them this time, those razor blades really hurt going down (even with extra milk!)) Quote Link to comment Share on other sites More sharing options...
kenratboy Posted July 11, 2003 Share Posted July 11, 2003 In Nevada, for poor people like me, if I work a shift over 8 hours, I get overtime. If I work more than 40 hours a week, I get overtime. However, we are not allowed to get ANY overtime unless approved by the boss. So, it might as well not exsist. I would be better off WITHOUT the law so I could pull some 9, 10, 11, 12+ hour days to make more cash. Quote Link to comment Share on other sites More sharing options...
Ray Garrison Posted July 11, 2003 Share Posted July 11, 2003 I used to work at the electric company here. The union contract spelled out very specific, and kind of complicated, rules. To qualify for overtime, you had to: Rule 1. Work more than 8 hours of overtime in two consecutive weeks, AND Rule 2. Overtime was defined as at least 48 hours of work in one calander week (monday through Friday.) There were other rules also, but just look at those two for a moment. If you worked 48 hours this week and 48 hours next week, you got 16 hours of overtime pay. If you worked 60 hours this week and 40 hours next week, you do not qualify for overtime (rule 1). If you worked 8 hours Monday and Tuesday, 10 Hours Wednesday, Thursday and Friday, 10 hours every day the next week, and 10 hours the following Monday and Tuesday, and Wednesday, then 8 hours Thursday and Friday of that week (46 hours week one, 50 hours week two, and 46 hours week three) you did not qualify for *ANY* overtime (rule 2). If you worked 80 hours in week one, then 45 hours in week two, then 80 hours in week three, etc., you could continue this indefinately without ever getting any overtime. Quote Link to comment Share on other sites More sharing options...
kenratboy Posted July 11, 2003 Share Posted July 11, 2003 ---------------- On 7/11/2003 4:48:13 PM Ray Garrison wrote: I used to work at the electric company here. The union contract spelled out very specific, and kind of complicated, rules. To qualify for overtime, you had to: Rule 1. Work more than 8 hours of overtime in two consecutive weeks, AND Rule 2. Overtime was defined as at least 48 hours of work in one calander week (monday through Friday.) There were other rules also, but just look at those two for a moment. If you worked 48 hours this week and 48 hours next week, you got 16 hours of overtime pay. If you worked 60 hours this week and 40 hours next week, you do not qualify for overtime (rule 1). If you worked 8 hours Monday and Tuesday, 10 Hours Wednesday, Thursday and Friday, 10 hours every day the next week, and 10 hours the following Monday and Tuesday, and Wednesday, then 8 hours Thursday and Friday of that week (46 hours week one, 50 hours week two, and 46 hours week three) you did not qualify for *ANY* overtime (rule 2). If you worked 80 hours in week one, then 45 hours in week two, then 80 hours in week three, etc., you could continue this indefinately without ever getting any overtime. ---------------- But didn't they have things setup so you were schedualed to make sure you got the overtime? Quote Link to comment Share on other sites More sharing options...
mike stehr Posted July 11, 2003 Share Posted July 11, 2003 Watch what those Applications say, and read them. I worked for a nasty old Fiberglass manufacturing plant that made fiberglass panels. The place was a health hazard at the time I worked there. They wanted us to work overtime 7 days a week. It took two days just to get the smeltzer and laminate out of your system. I told them no way I'm working 7 days a week. They told me when I signed the application, I agreed to work as many hours as the Employer requires. And then showed me that section on a application that I failed to read before signing. If I didn't show 7 days a week, I would be fired. So I saved them the hassle and quit. I still have nightmares about that place. But they did pay overtime for anything over 40 hours. Quote Link to comment Share on other sites More sharing options...
JohnA Posted July 11, 2003 Share Posted July 11, 2003 Mike's got it. There is no such thing as mandatory OT. No one can require you to work. However, if you want to work at Simon's Speaker Works, and keep working there, you will have to abide by the work rules Simon lays out. Of course, Simon has to agree to your work rules to keep you from leaving, too. If you two can't agree, drag up. Quote Link to comment Share on other sites More sharing options...
andyman Posted July 13, 2003 Share Posted July 13, 2003 I think the last two posts are closer to what your issue is. Overtime LAW generally describes situations in which overtime MUST be paid; your question seems to be one of scheduling, which is covered by the company's individual work rules. I'd find your employee manual/contract/agreement and see what is described there. I worked retail management for 18 years and 4 companies and generally you could ASK someone to work OT, but not TELL. So if we had issues and needed help, we could ask people to stay over, but not DEMAND it. Then again, there are many "unsophisticated" (for lack of a better word, but "jackass" might be suitable also) managers who are clueless in HR and would hold a grudge and threaten employees for their shortfalls in scheduling, training, and accountability that created the mess they want you to bail them out of. My gut feel is that you have some "unsophisticated" management there and unless you work it, you'll wind up on the sh*t list. Remember, many managers aren't managers for their skills, they're managers because they swallowed the company crapola and are willing to sacrifice their time, families and lives for the company. That's why they work all those hours. I don't anymore. Quote Link to comment Share on other sites More sharing options...
Bruinsrme Posted July 13, 2003 Share Posted July 13, 2003 Most states have Mandatory OT laws when it comes to public safety and health care and not working the OT can lead to discipline action or termination. Unions can also have Mandatory OT written into contracts and if members do not read the entire contract they maybe surprised when the Union say "we can't help you". Many times members are only told of the good things in the contract. Good Luck Quote Link to comment Share on other sites More sharing options...
T2K Posted July 13, 2003 Share Posted July 13, 2003 I go to work and at the end of the day/night I claim my pay via computer. I am paid via direct deposit and my Union requires that the company provide me with a detailed statement of my earnings. That statement arrives via the US Mail along with my pay stub. I open the check stub envelope and find that I have not been compensated fully. I then check the detailed statement and find the reason(s). There is no person locally that I can look steely eyed at and ask a question. Therefore I have to get on the computer and ask a question electronically to a person in payroll in a distant state. That person either does not answer or informs me that I will have to have my Union handle the claim for the day(s) in question. The other day I went to work and was not paid for that days work. The company declined to pay me citing reason 'no basis for my claim'. I will have to appeal the claim with my Union and hope that I will be paid in a few months or a few years. I remember the payday just before this last Christmas. I was shorted $964.65 . Right now I have sitting on my desk right here in front of me claims that total about $3000. These claims were 'without merit'. Imagine your young son coming to my house and cutting my grass. When he has finished his work on my yard and comes to my door asking for his pay my reply to him is "you claim is without merit and is declined". "You'll have to handle your claim with your Representative". SLAM!!!! Just another day working for a large American corporation. I've done it for 26 years. I work just boatloads of overtime. Sometimes I am paid for it. Does anyone remember who brought you the 40 hour work week? As goes the Unions.... Keith Quote Link to comment Share on other sites More sharing options...
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