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spinoff: is it true that there are ways of getting around paying an employee OT pay?

last night, a friend of hubby and mine was over and we were shooting the breeze, talking about work and such. i mentioned that hubby works 49 hours a week and gets no overtime pay or percentage pay. my friend said this is illegal (which i thought myself, we're in florida and i don't know if the labor laws vary in other states, but after 40 hours they must be paid time and a half or a percentage) and hubby said well, it's a small family owned business with only 6 or so employees, so they don't have to. is this true? if the business is not owned by the government or the state, they don't have to pay their employees over time?

 
tnm786

Asked by tnm786 at 7:42 AM on Nov. 21, 2010 in Money & Work

Level 43 (159,608 Credits)
This question is closed.
Answers (10)
  • My husband works for a small company and he always gets overtime. Only 3 people run the company he works for. Labor laws are labor laws. If you are getting paid hourly wage, more than likely you are entitled to overtime. No one is exempt from labor laws. So before you take anything to heart from shooting the breeze, look into it. Everyone can tell you different things, but in the long run you guys could still be getting screwed an not know it.
    Musicmom80

    Answer by Musicmom80 at 8:24 AM on Nov. 21, 2010

  • It depends on how the pay is worded.
    My hubby works at least 50 hours a week and does not get paid overtime. He is a salaried employee. He is not an hourly employee.
    This is also referred to as an exempt employee, as they are exempt from the rules of overtime pay.
    It is perfectly legal.
    layh41407

    Answer by layh41407 at 7:49 AM on Nov. 21, 2010

  • there's always ways around anything.
    think how many companies get out of paying retirement simply by laying off the old employee just prior to their official retirement.
    Zoeyis

    Answer by Zoeyis at 7:52 AM on Nov. 21, 2010

  • You can search all the links you want, but without all the details of the employment arrangement it's better for the person to just research the situation personally rather than speculate on their own. I'd first go to the employer and ask why, they document their response, then go to the department of labor and see if things add up.
    Musicmom80

    Answer by Musicmom80 at 11:40 AM on Nov. 21, 2010

  • My mother who I live with works about 65-70hrs a week with no weekends off.She  always had very long hours and as children she was never home. She also works in VA and we live in Md. Anyway she used to get over time but ever since the economy fell her employer said she should be happy she still has a job. She works even longer now because the only two employees in her department left. So yea it can happen and it's legal. She also is a salary paid employee, I don't know if that makes a difference.

    Jenaiko01

    Answer by Jenaiko01 at 8:08 AM on Nov. 21, 2010

  • Here is a link to explain how some people are exempt from overtime pay. This is from the US Department of Labor. Yes, labor laws are labor laws, but the DOL put exemptions in their laws. Which is how some people are exempt. 


    http://www.dol.gov/elaws/esa/flsa/screen75.asp

    layh41407

    Answer by layh41407 at 10:16 AM on Nov. 21, 2010

  • yes i forgot to mention, he is an hourly employee.
    tnm786

    Comment by tnm786 (original poster) at 11:10 AM on Nov. 21, 2010

  • I'd look under the guidelines for labor laws in your state. When I lived in Ohio, I worked at a theme park, and they worded it that all overtime was put into a savings for when the season was over, then you get your ot when you go home. This was a nice check cause we usually spent the whole summer being foolish. But I will say if your husband enjoys his job, or doesn't mind then I'd leave well enough alone. Sometimes it's worth the dollars lost if you enjoy your work. So many people hate what they do for a living. But it could be illegal your friend is right.
    b_stotka

    Answer by b_stotka at 11:16 AM on Nov. 21, 2010

  • You can search all the links you want, but without all the details of the employment arrangement it's better for the person to just research the situation personally rather than speculate on their own. I'd first go to the employer and ask why, they document their response, then go to the department of labor and see if things add up.
    ____________
    Exactly! Which is why my first post said it depends on how the pay is worded.
    But I agree, he should check that out and then ask his employer why.
    layh41407

    Answer by layh41407 at 12:17 PM on Nov. 21, 2010

  • Call the Labor Board. They will give you the answer for your particular situation. Many jobs are exempt from overtime. The phone number should be posted at his place of work.
    SweetLuci

    Answer by SweetLuci at 5:15 PM on Nov. 21, 2010