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What are the rules for part time workers compensation?

Workers Compensation Law Discussion

What are the rules for part time workers compensation?

Postby gowan » Sat Apr 09, 2011 5:28 pm

I work in a small office of 5 employees. I am the only part time, hourly worker. The rest are full time salary. We had a big function last week where everyone had to work 13 hours straight. The salary workers are getting paid leave of work for their overtime, instead of time and a half. But I am having to take manditory unpaid vacation to make up the difference on my timesheet. According to one person I talked to anyone that works over 10 hours in a day is required to get some form of compensation. But according to another since I don't work over 40 hours a week I'm not intitled.

However, I just talked to a friend of mine whose work told her the only way she would get time and a half is if she worked more than 20 hours a week, because that was the law. And if that is the law I work about 25 to 30 a week so wouldn't that mean I qualify?

I know, super confussing. But if someone could explain this too me better or at least tell me if I should be fighting for compensation please let me know. Also if you could point me in the direction of a website that has part time workers rights so I wouldn't always have to go "is this right...cause it feels like I am getting screwed" that would be great. But if you read all this and lost what exactly I am talking about. I will just ask you to answer this question...

What are the over time compensation rules for part time employees?

Thanks
gowan
 
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What are the rules for part time workers compensation?

Postby arber47 » Sat Apr 09, 2011 5:30 pm

In some states working over a certain amount of hours doesn't qualify you for some for of reward. But most of the time it isn't the case and they can pretty much control your hour intake to make sure that they don't have to pay you anything else. Now that being said, some larger corporate places like to establish their own rules that fall with in those guidelines. Such as in your friends case. The law says they don't have to give her time and a hal unless she works more than 40. Well her business could have their own personal rule of no time and a hald until they work 20+ hours. As long as their personal rules fall into the legal requirement, since i am assuming you don't work in the same corporation or anything like that. For your work they probably just follow the legal standards period. You can call your labor board for more information, since you are trying to avoid this kinda problem should it happen later on in the future. Or just do a general search for "part time labor laws for (insert your state's name here)". hope that helps good luck
arber47
 
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What are the rules for part time workers compensation?

Postby chadburne48 » Sat Apr 09, 2011 5:31 pm

I don't understand. You work 20 hours a week. One day you worked 13 hours. You are being told to take time off so you don't go over 20 hours. What's the problem?

You are getting the same paycheck, and you are working the same number of hours.


No, you should not get overtime. You did not work over 40 hours.


Some states (I think California is one) DO require time and a half if you work over a certain number of hours in a single day. You can check your state's labor board for the rules there. BUT, if you make a stink over it, you are likely to find yourself looking for a new job soon.

Since you are getting paid for the hours you worked, and since you are working your "normal" number of hours, you should probably just leave it alone.

If this becomes a common issue, then you might tell them you can't work those extra hours before events.
chadburne48
 
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What are the rules for part time workers compensation?

Postby nickson » Sat Apr 09, 2011 5:44 pm

First, use a spell check.
There is only ONE overtime rule, which is time and a half over 40 in a pay week. Period. Number of hours in a day do not matter.
Second, some jobs are exempt from overtime rules. Even if not, an employer can restrict your hours to make sure you don't work over 40 by sending you home or "mandatory unpaid vacation".
Not confusing at all. You just didn't bother to get the correct information until now.
nickson
 
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