New overtime labor law

[SmellsHot]

Does anyone practice law in the spare time?
does anyone know if a copier technician making less than 47k is considered a non exempt employee(eligible for overtime pay)?
i know the new OT law goes into affect in December but don't really know where us technicians fall into which status.

[JR2ALTA]

Re: New overtime labor law

This is for salaried employees not hourly. Aimed at managers who work well over 40 hours without overtime. I assume it will effect many people in the copier business. I have a feeling that loyal, committed managers may just work anyway and not submit for any overtime. Not sure how that would play out.

For many people being a manager was a trade-off. You don't get overtime, you work a lot but you gain valuable experience and get better benefits than the hourly slugs beneath you. Having manager on your resume is a big deal. Now I am afraid many will be laid off, or demoted to part time or hourly

[SmellsHot]

Re: New overtime labor law

My techs are salary and they don't want to work extra hours without being compensated. So i just wanted to try and clarification on the new law. We are fairly small so we don't have an HR dept and I don't really trust what the employer says

[ZOOTECH]

Re: New overtime labor law

My techs are salary and they don't want to work extra hours without being compensated. So i just wanted to try and clarification on the new law. We are fairly small so we don't have an HR dept and I don't really trust what the employer says

If your employer is the HR department, you might have a problem. Usually, if you are salaried, and you work more than the traditional 40 hours, you will be compensated with time off.

[allan]

Re: New overtime labor law

here we don't even get paid a third of that. And no overtime what so ever. Used to work an extra 3 hours a day without compensation.

[KenB]

Re: New overtime labor law

There would be no need for a new law if employers didn't hide behind the exempt thing.

A few hours over each week is one thing, but that gets badly abused.

[Synthohol]

Re: New overtime labor law

the way im seeing it work is lets say you make 50k/yr salary. thats 24.03/hr and you have to punch in and out. if typically you leave your last call at 4:15P and no time to hit another call. you punch out at 4:15 but still get paid until 5:00 BUT those extra 45 min must be actually worked within that payroll period before overtime rate kicks in. this way its fair to the employer that they get an actual 40 hours of labor out of you and you know all the extra time you have been paid for when you headed home early and got paid for it anyway. even a half hour a day is 130 hours a year times 24.03 is an extra 3100.00 you didnt "work" to earn. lets say my large company has roughly 120+ techs times 3100.00 so thats like 372000.00 in payroll for unworked hours. this is where the debate is. why should an employer pay you say 2 hours overtime when you didnt even physically work 40 hours first?
i have been a tech and a service manager so i understand this issue from both angles. as a tech i can say "you always paid me salary and i hit the same amount of machines a week, now you want me to fix a couple for free?" but they wouldnt be "free" you already banked a couple hours during the week getting paid to drive home.
you can argue that this is the way that the industry is and you should be paid for a full 40 hours for 37.5 hours actual work. or you could say if you worked in an office and clocked out at 5 every day and drove home for free you would get jealous of the techs that get paid an extra 2.5 hours a week for driving home.
KonicaMinolta corp techs started this whole legal salary vs hourly vs overtime issue IIRC. they began the divide your salary by 2080 hours to get your hourly rate thing.
IMHO if you have banked a few hours for a paid drive home and your boss asks you to stay late one night and hit an emergency call don't bitch about it and demand overtime. just keep a real timecard and see how many hours you have worked vs how many you have been paid for before you start demanding extra compensation.
just my .02

[JR2ALTA]

Re: New overtime labor law

Well you hit the nail on the head. The best approach is to pay the tech hourly, but have him fill out his time card the same every week.

The idea being "it washes out". Leave a little early one day, work late the next.

But, as I stated in my first post. This law applies to Managers. Managers in fast food can work 55+ hours a week and not see a dime in overtime. Some don't care because they want the title and benefits of being a manager. Some DO mind and supported this law.

I fear the reality is owners will just demote to part time or cut hours to avoid the huge added cost this law will require.

[SmellsHot]

Re: New overtime labor law

I would assume most managers under the $47,476 threshold would prolly get a bump in pay so they become exempt from the new overtime law.
So does anyone know for sure if us technicians are non exempt....meaning we are eligible for overtime pay. Sometimes we work weekends and even holidays so I want to make sure we r properly compensated

[KenB]

Re: New overtime labor law

I've always looked at it this way:

My office is just under 30 minutes from home.

Our working hours are from 8 AM to 5 PM.

Based on those, I leave the house at 7:30 AM, and try to leave my last account at whatever time will get me home by 5:30 PM.

Because I am a specialist without a territory, I have had calls 150 miles from home, and one as close as about 400 feet (that one was at model home in a new housing development across the street).

Anything that forces me to leave before 7:30 or gets me home after 5:30 (both are very rare), is what I consider "overtime eligible", if you will.

Of course, there are times where I get home a little late, but they are normally negated soon after by a day where I get home early (like that 400 footer I mentioned). I only claim overtime when I go over 40 hours.

[emujo]

Re: New overtime labor law

I think anyone who uses this site to figure out the best way to be compensated with the new OT laws is asking for a visit from the department of labor. If you're not sure, go talk to a professional, next thing we'll be seeing is recommendations on how to perform that brain surgery we've been putting off. Emujo

[JrTech]

Re: New overtime labor law

I agree with the logic behind it. I am a little old school when it comes to working. Our office hours are 0800 - 1700. I am there 30 mins prior to job start if I have to be in the office and most times I go directly to clients office. There are many times I am at a clients well before my 0800 timeframe (usually doctors or Gov) and still work past my 1700 time. I don't go asking for the extra time as it will pay off later in the week. Some times my first call isnt until 9, 10 and could be 100+ mile from my house, I will allow for adequate time to travel and I may only have 2 calls that day and I am off. Other times I can have 5 calls spread out in a 40 mile radius. If it is regular that you are working past your 40 and not being compensated for it then you need to stand up for yourselves. In my earlier years with a dictator as a boss, when someone would get very lazy they would enforce the be at the office at 0800 and 1700. I would drop what ever I am doing at the time I have to leave the client to be back at the office at 1700, regardless of what condition that machine is in. (I know some of you are boiling right now thinking a tech has done that to you) No worries it only takes 1 major customer to clear that up. If you are constantly getting stepped on and have to work extra hours and not being compensated for it, my strong recommendation is continue your certifications thru company and other resources, renegotiate your contract or see if they give bonuses for certification. (get it in writing be you start and make sure it is for all certifications and not just in class hands on). Don't just expect an annual raise based on your calls. Do something that stands outs and benefits yourself and the company. Also remember that your Certifications belong to you NOT THE COMPANY.

We have todays useless youth to blame for these actions. They want everything given to them with no work. $15 hr to work at a fast food joint because someone chose not to get edu-macated and earn the salary they desire/warrant. Get educated, teach yourself, learn a trade, throw on a shirt and tie and go sell yourself. I have seen to many people stuck in a job for many many years and are complaining they don't get paid as much as everyone else or have'nt gotten a raise in a while. If your office closes tomorrow you have to go sell yourself to the next employer NO BOSS is going to look for another job for you. A few techs I know in the area thought they had it good. 3 weeks before Christmas, Boss man came in on payday and said Dec 31 is your last day, sorry I am retiring and closing the business. 5 of the 31 people found jobs. Most had to travel long distances just to get another job as they were qualified to maybe order paper or coffee