Lets Debate the Overtime Law

[CareBear3030]

i heard about the overtime law last year...but never really found out about the specifics about it. Well now its personally affected me, and now I had to check it out.

My brother, 20, recently moved in with us. He doesnt have a car, and the mall is close. He needed something there until he gets a car. He got a job in the mall at a new little pretzel shop. He is the first employee and picked everything up quickly. Hes been there a month and has only had 1 day off. He has been showing the other new employees how to do things. He also had been opening AND closing the store. The owner sprained his ankle and didnt even come in for 3 or 4 days. My brother does it all...and helps him tremendously....for a whopping $6 an hour. On this check he got 35 hour overtime (115 hours in 2 weeks). That's alot of work and very hard no matter what the job. He was informed yesterday that our lovely Dickhead of a president passed a law and he is not required to pay him overtime.

WTF???? :wtf

Lets send some more money over to Iraq.

GGGGRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR

 

[Veronica]

WHAT??? When was the law passed??

 

[mdvaldosta]

http://money.cnn.com/2004/08/05/news/economy/overtime/

some key points:
*18 States have their own state laws about overtime and this new law doesn't even apply to them
*Businesses are estimated to pay an additional 375 million bucks in extra overtime (sounds to me like this is actually helping employees!) and businesses would save 250 million bucks a year in legal fees because this law is much clearer (sounds like its good for the businesses too!).
*This law PROTECTS folks and makes sure they get paid overtime as long as they make more than 23k per year. The law says in order to not be paid overtime you MUST be on a set salary, make more than $455 per week, and be in a "white collar" aka management position.

From what I read, the only thing that really changed is it protects employees making under 23k per year but allows employers with positions like "assistant manager" to be considered exempt whereas it used to be you had to be hiring and firing to be considered white collar.

 

[CareBear3030]

See the d*ckhead passed it by all of us. When I first heard of it, I never dreamed it would pass...but it did! It is called the Fair Labor Standards Act.... 'eerr "the haves-have more law...of course initiated by our commander in chief. He is so paid off its unreal!!!

He says it was to better define overtime laws and to lessen law suits cause from overtime. In other words...we the people need to work and not sue for overtime.

3 rules to be EXCLUDED from overtime:

First up is the "salary-basis" test. To be exempt from overtime, workers must be paid a set salary, not an hourly wage. This has long been the rule under federal overtime law. The new rules don't change this requirement. This is how it always was.

The second criteria, called the "salary-level" test, has been amended. In order to be exempt from overtime, the new rules require that employees earn a minimum salary of $455 a week, or $23,660 a year. That's triple the prior minimum salary of $155 a week, or $8,060 a year. That may try to help a few salaried employees...half good.

The third test is where the rules get considerably more complicated -- and controversial. The final prong is called the "duties" test. It tries to establish eligibility based on the type of work an employee performs every day. Under federal law, a worker whose job is deemed "administrative," "professional" or "executive" in nature does not qualify for overtime. The categories themselves won't change. This is the one that got my brother...even though not executive...hes works at a little restaurant...he trains and manages the team. He was not hired to be a manager, is not being paid to be manager. He was just the first employee and only one able to show the others.

Heres a few websites to read up. Of course if your company is one that actually cares...they CAN still give you the overtime. I personally am in an administrative position, but still recieve overtime.


http://www.dol.gov/esa/whd/flsa/

http://money.cnn.com/2004/08/23/news/economy/overtime/

http://www.aflcio.org/yourjobeconomy/overtimepay/mythsfactsheet.cfm