Driver OT pay over 40.

Hroller

Well-Known Member
The contract states, You will be paid time and a half for any hours worked over 8 hours in a day, or any hours worked over 40 in a week.

I had Monday off. Immediately was asked to work the following Saturday.

So I worked Tuesday through Friday....put in 45 hours.
Will be paid for 32 straight hours and the rest (13 hours) will be OT.
After working four days and over 40 hours....I put in another 4 hours on Saturday.

Since I am over 40 hours, according to the contract I should be paid all of Saturdays hours at OT pay rate?

If you have a fact based answer, please respond. Thank you.
 

Hroller

Well-Known Member
Language in the contract does not say anything about a sixth day.

Just states...."over 8 hours" "over 40 hours"

I am over 40 hours.
 

Mugarolla

Light 'em up!
The contract states, You will be paid time and a half for any hours worked over 8 hours in a day, or any hours worked over 40 in a week.

I had Monday off. Immediately was asked to work the following Saturday.

So I worked Tuesday through Friday....put in 45 hours.
Will be paid for 32 straight hours and the rest (13 hours) will be OT.
After working four days and over 40 hours....I put in another 4 hours on Saturday.

Since I am over 40 hours, according to the contract I should be paid all of Saturdays hours at OT pay rate?

If you have a fact based answer, please respond. Thank you.

Nope. You will be paid for 36 straight time hours and 13 hours OT.

The paid at OT after 40 hours only includes straight time hours worked. Your OT hours paid per day are not included in the 40 hours.

You have not worked 40 hours straight time yet so your 4 hours worked Saturday will be straight time.

You do not qualify for the 6th day either because it is only your 5th day.

If the 40 hours included OT, everybody would be making a killing.

Work 10 hours per day Monday thru Thursday. That would mean that you have 40 hours and Friday would be all OT.

You would have 32 hours straight time and 18 hours OT.

Ain't gonna happen.
 

box_beeyotch

Well-Known Member
Nope. You will be paid for 36 straight time hours and 13 hours OT.

The paid at OT after 40 hours only includes straight time hours worked. Your OT hours paid per day are not included in the 40 hours.

You have not worked 40 hours straight time yet so your 4 hours worked Saturday will be straight time.

You do not qualify for the 6th day either because it is only your 5th day.

If the 40 hours included OT, everybody would be making a killing.

Work 10 hours per day Monday thru Thursday. That would mean that you have 40 hours and Friday would be all OT.

You would have 32 hours straight time and 18 hours OT.

Ain't gonna happen.

In my local its anything over 8 in a day is OT.
 

edd_tv

Cardboard picker upper
Atlantic region, we are paid ot after 8 hrs. Saturday wouldn't be your 6th punch for the week, so it's regular. At least it is here.
 

Mugarolla

Light 'em up!
In my local its anything over 8 in a day is OT.

It's like that most everywhere.

But in the Central, it also says anything over 40 is OT.

The OP wants to use that language and have his 5th day all be OT because he worked more than 40 hours in 4 days.

He got OT after 8 for his 4 days and wants OT all day Saturday.
 

Mugarolla

Light 'em up!
32 hours Straight time 13 hours overtime and 4 hours of straight time air rate.
That's the way it works here. Full timers don't do Saturday air.

Not here.

If they are out of air drivers and need a package driver to deliver Sat air, he gets his package rate.

The only difference is that he is only guaranteed 3 1/2 hours, not 8.

By using the OP, they only had to pay him straight time, not OT because this was only his 5th day.

If he had worked 5 days, all 4 hours he worked on Sat would have been OT.
 

Brownslave688

You want a toe? I can get you a toe.
Nope. You will be paid for 36 straight time hours and 13 hours OT.

The paid at OT after 40 hours only includes straight time hours worked. Your OT hours paid per day are not included in the 40 hours.

You have not worked 40 hours straight time yet so your 4 hours worked Saturday will be straight time.

You do not qualify for the 6th day either because it is only your 5th day.

If the 40 hours included OT, everybody would be making a killing.

Work 10 hours per day Monday thru Thursday. That would mean that you have 40 hours and Friday would be all OT.

You would have 32 hours straight time and 18 hours OT.

Ain't gonna happen.
Then that's what the contract should say.



I know you're right
 
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