HDS was flat out scary in Big Love, if anyone saw that a few years ago on HBO...the one about Mormons, with Bill Paxton in the lead role.
Anybody familiar with CA Payroll law? Basically, I work from 8am to 5pm and do not clock out for lunch. So in total i work 9 hours everyday. The payroll rep claims they have the right to start paying OT after 8.5 hours have been worked due to me not clocking out for lunch, is that correct? I don't believe so.
partially correct by law they have to grant you breaks based on the hours you work if they don't they're in violation used to be something like 15 min break for 4 hours work, 30 min for 6, hour after 7 might also be your weekly hours as opposed to daily (not sure) i'd check with a tax accountant... they'd know this shit off the top of their heads
The owners don't require us to clock out and I'd rather get paid than get a 30 min break. I eat the food at work while I work. So I am not going hungry and I'm making money. They need to require us to take a lunch break before I willingly start clocking out. Plus they gave me the freedom to go out and get my food and even eat out without clocking out. I take lunches away from work on occasion, upwards of a hour sometimes. Why clock out if they tell me I can go and don't need to. That is their problem not mine. They are setting themselves up on that. Also, they don't have any paper trail of me agreeing to not take a lunch and work through it. I believe that entitles me to OT after initial 8 hours of being clocked in. But I could be mistaken. Anybody know a number to a tax accountant I can ask? Where is Shaw?
paper trail is irrelevant even if you signed something the employer is still fully be liable if they're not complying with the law it's all in the labor code (book) used to be >37.5 hours a week, individual days only req'd you to take breaks and lunch so unless the laws have changed in the last 15 years, the payroll clerk is incorrect here's a laws on overtime in 2017 from the state (link) and i saw this... "In circumstances where the workweek is less than 40 hours, the law does not require payment of the overtime premium unless the employee works more than eight hours in a workday or more than 40 hours in a workweek." so their payroll rep may be correct after all here's more from another site (link)... “Employees who qualify for California Overtime are paid at 1.5 times their normal rate when they work for more than eight hours in a workday, more than 40 hours in a workweek, and for the first eight hours of their seventh consecutive day of work. They are paid at twice their normal rate when they work more than 12 hours in a workday or for more than eight hours on their seventh consecutive day of work.” you should check out the 2nd site (link) they break it all down pretty well and in layman's terms buena suerte
Let me get this straight, you work 9 hours per day and you get paid for 9 hours at your normal wage, but you want to get paid for 8.5 at normal wage plus .5 at OT rate. I'm guessing this will give you about an extra $5/day. I don't know the law exactly, although what Irish said sounds right. I do know, from experience, that if you push this you might receive some back pay but ultimately you will just force the company to be anal about people clocking out. At my last job, when I started the company was relaxed on the clock-out policy then out of the blue became anal. We couldn't work greater than 5 hours straight without clocking out (unless approved by a manager for that day) and had to clock out 30 mins minimum (before that I regularly clocked out for 10-15 mins for lunch). A job before that I worked on salary but after an employee challenged management on some rule regarding salary they simply moved 20+ workers to hourly to avoid whatever rule she was complaining about. I didn't mind since I made a little more money that way, but it just illustrates that companies will take big steps when one person starts squabbling over the law. If you are working 9 hours you should be taking a lunch, and I'm pretty sure they can force you to. Don't look a gift horse in the mouth, if you are getting paid for 9 hours straight, and you are happy with the setup, then let it go. I guarantee if you demand OT pay they will start forcing you to clock-out, you will lose your extra .5 hours pay completely, and your supervisor will be forced to micro manage you (no fun for either of you).
Forget about your rights and what you are entitled to. You shoukd onky think like that if you are being taken advantage of. If you like ur situation all u are doing is putting it at risk. Where i work u are required to take a 30 min lunch. Our HR lady says its to protect their ass legally.
So you get paid for 9 hours of work, you're allowed to eat while at work--I'm assuming for free, and you have the freedom to go away for lunch and get paid while you are eating and not working... And you don't like this? Seems like you have a pretty good deal. All that's going to happen if you push them is they will force you to take an unpaid lunch break. You will get paid less and you will have less freedom/flexibility.
I started very late on GOT and I know season 7 is long gone, but this shit is like heroine. Losing sleep because I have to watch 1 more episode after telling myself the previous one was the last for the day. Finally up to season 7 and kind of sad tbh....want to enjoy it for as long as possible lol There's never a dull episode.
i'm usually on the other end of this equation as the employer thank god i'm not involved w that anymore even though i do technically still have employees its changed because everyone knows the score not sure of the size of this business but i agree w Mouse about thinking about what you have first if you like it the way it is in the big scope of things be careful what you ask for most employees see it as the company is getting rich while you toil in some cases this may be true but most small business struggles to pay the bills and thats no lie if you don't have access to the owner/final say in the company just know you are probably asking for restriction if you do have access just talk to him and voice your concern w an open mind everyone has worked for someone else and i hear what you are saying no one wants to pay OT anymore unless you work for government (btw get one of those jobs) i think you are asking for a whole lot of restriction and may see your extra hours gone as well
And you are fucking up the work environment for your teammates. Basically you are being a bad teammate for bitching for entitlements when you already have it pretty sweet.
Indeed. And the other parts were pretty good too. And it looks like Johnny kept it chilly in there, too...like Dave.
