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overtime and the union contract
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overtime and the union contract
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The current union contract for our organization states: An employee in a position that is governed by the overtime requirements of the Fair Labor Standards Act (“non-exempt employee”) will
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Forums  »  Topic Forums  »  Benefits & Compensation  »  overtime and the union contract

overtime and the union contract

posted at 10/12/2009 5:45 AM EDT
Posts: 11
First: 9/10/2009
Last: 11/23/2009
The current union contract for our organization states: An employee in a position that is governed by the overtime requirements of the Fair Labor Standards Act (“non-exempt employee”) will be paid overtime at the rate of one and one-half (1 1/2) time the employee’s regular hourly rate for all hours worked in excess of 36.25 hours in a workweek.

What are the employer's obligation in overtime pay?

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overtime and the union contract

posted at 10/12/2009 6:10 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Is this a trick question?

For union employees, exactly what the contract states...anything over 36.25 hours WORKED is overtime and paid at time and 1/2.

For nonunion nonexempt employees, anything over 40 hours WORKED is overtime and paid at time and 1/2.

I guess I am not understanding your issue. The union contract would override FLSA because it is more generous. If it were less generous and stated overtime after 45 hours worked per week, then FLSA would rule at 40 hours per week.
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overtime and the union contract

posted at 10/12/2009 6:18 AM EDT
Posts: 11
First: 9/10/2009
Last: 11/23/2009
No this is not a trick question. This was negotiated in the contrac years ago. I just wanted to know if FLSA would override this.
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overtime and the union contract

posted at 10/12/2009 6:58 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Phew! Then my answer stands *Ü*

Unfortunately FLSA wouldn't override the union contract unless it was more generous than the union contract. However, the union contract couldn't define, for example, a larger group of exempt employees outside of the FLSA definitions.
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Forums » Topic Forums » Benefits & Compensation » overtime and the union contract

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