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Pay structure
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We have a department of employees that get paid overtime after 8 hours worked in the day. There are about 10 people in this department. 2 of those employees do not get paid overtime after 8 hours beca
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Forums » Topic Forums » Benefits & Compensation » Pay structure
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Pay structure
posted at 10/27/2010 9:05 AM EDT
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Posts: 17
First: 6/4/2010 Last: 9/14/2011 |
We have a department of employees that get paid overtime after 8 hours worked in the day. There are about 10 people in this department. 2 of those employees do not get paid overtime after 8 hours because they are not part of the 'on call' rotation, meaning they don't get called after hours to fix things. Although during the day, they sometimes perform the same functions as the other employees. Should we be paying them overtime the same as the 8 people who are better trained and on call? |
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Pay structure
posted at 10/28/2010 8:33 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
What state are you in? Most states do not require overtime after 8 hours at all. I know CA does, but can't remember if any others do.
So this might just be company policy. Therefore you need to make sure that you don't have disparate impact and that you are unintentionally illegally discriminating based on a protected characteristic -- that is the 8 are male, but the two not getting it are female, etc. Or that the two are older or share a differing race, etc. If the two aren't working on call, what other over 8 hours per day do they have? How often does it occur? Are they just working late? Are these 40 hour per week employees? You can definitely have a policy of overtime by day only for time worked "on call". Many companies have a differing pay rate for on call time than regular hours. Does your time/payroll system allow for it to be electronically tracked? Is it possible for these two to get "on call" hours if they want them? Lots of brainstorming to think about. You want to make sure you policy is accomplishing what you want it to....If it is causing too many complaints/hassles, it might not be worth keeping or if it is worth it, it might be good to extend it to all in the department. |
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Pay structure
posted at 10/30/2010 9:57 AM EDT
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Posts: 4
First: 10/30/2010 Last: 10/30/2010 |
If you have employees who work more than 8 hours a day, 40 hours a week you must pay them overtime regardless of their experience.
You may check with your individual state law, but this is the law in our state. |
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Pay structure
posted at 11/1/2010 4:59 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Most states don't require OT pay after eight hours in a day. You shouldn't assume that the OP is in a state with laws that are the same as your state's. In addition, the information you provided was not what the OP was asking for anyway. |
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Pay structure
posted at 11/10/2010 1:22 PM EST
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
Nevada requires OT after 8 hours in a day if the employee does not make a minimum wage multiplier (1.5 time $8.25) and has no health plan. If a health plan is in place, the minimum wage multiplier is a different hourly amount ($7.75 stimes 1.5).
Whew! |
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