Overtime question

[Scuderia]

I've been double shifting this past week, and I was under the impression that if you accumulate more than 40 hours in that week those extra hours should be paid at 1.5x your regular pay rate. But everyone in my shift, including my area manager, say that you only get overtime pay if you work more than 8 hours in a day. My manager, told me that only full timers get overtime pay for working more than 40 hours a week.

I read the federal and my state's (CA) overtime laws and they seem very clear to me that anyone, not just full time employees, should get overtime pay for working more than 40 hours in a week.

Am I missing something here, or is everyone in my hub just plain wrong and ignorant?

 

[menotyou]

Any UPS union employee get OT after 8 and after 40. No exceptions.

 

[Kylew]

If you are part time here in Indy we get 1.5 after 5.5 hours.

 

[UpstateNYUPSer(Ret)]

Any UPS union employee get OT after 8 and after 40. No exceptions.

This is not necessarily true. Article 69, Section 1 states that PT employees who double shift will receive OT after 8 hours--there is no mention of 40 hours in that section or in any other part of the contract as it relates to PT employees.

 

[menotyou]

It is true.

 

[RedThunder]

If you work more than 40 hours a week you get OT. You a correct it is a law.

U.S. Department of Labor - Find It By Topic - Wages - Overtime Pay

 

[Scuderia]

If when I get my check it shows I didn't get OT for those 40+ hours, should I file a grievance, a OT claim with my state, or both? Thanks.

 

[barnyard]

Start with a grievance.

 

[ikoi62]

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.

This is not necessarily true. Article 69, Section 1 states that PT employees who double shift will receive OT after 8 hours--there is no mention of 40 hours in that section or in any other part of the contract as it relates to PT employees.

same in nj

 

[Brownslave688]

Any UPS union employee get OT after 8 and after 40. No exceptions.

So if I understand this right your saying if I work 10 hours everyday I should get 18 hours of OT pay not 10?!?!? If this is true please tell me where this is in the contract.

 

[menotyou]

This is not necessarily true. Article 69, Section 1 states that PT employees who double shift will receive OT after 8 hours--there is no mention of 40 hours in that section or in any other part of the contract as it relates to PT employees.

If you work more than 40 hours a week you get OT. You a correct it is a law.

U.S. Department of Labor - Find It By Topic - Wages - Overtime Pay

So if I understand this right your saying if I work 10 hours everyday I should get 18 hours of OT pay not 10?!?!? If this is true please tell me where this is in the contract.

This is where you could start your hunt.

 

[UPSGUY72]

So if I understand this right your saying if I work 10 hours everyday I should get 18 hours of OT pay not 10?!?!? If this is true please tell me where this is in the contract.

IF you work 10 hours a day for 5 days you only get 10 hours of OT.

 

[Brownslave688]

I agree but that's not how I understood menotyou's post.

 

[menotyou]

I agree but that's not how I understood menotyou's post.

Exactly how did you interpret it?

 

[bluehdmc]

same in nj

NJ labor law is anything over 40 hrs in a 7 day period is time and 1/2.

 

[hondo]

If you work more than 40 hours a week you get OT. You are(sic) correct it is a law.

U.S. Department of Labor - Find It By Topic - Wages - Overtime Pay

Yeah, umm, about that Federal law; read the fine print, the part about working for a motor carrier. I don't have time to reread it all and pull up a quote, but last time I checked, we (or should I say our employer?) are/is exempt from that. I could be wrong, it may have changed since then. Or, if any drivers find themselves at a stop at the same time as one of the bottom feeders like R+L, ODFL, JB Hunt, etc., ask if or when they get OT. Again, I could be mistaken, but I've heard some of those guys only get OT premium pay after 50 or 55 hours.
State laws may be more favorable.

 

[menotyou]

NJ labor law is anything over 40 hrs in a 7 day period is time and 1/2.

So, does NY.

 

[bluehdmc]

Yeah, umm, about that Federal law; read the fine print, the part about working for a motor carrier. I don't have time to reread it all and pull up a quote, but last time I checked, we (or should I say our employer?) are/is exempt from that. I could be wrong, it may have changed since then. Or, if any drivers find themselves at a stop at the same time as one of the bottom feeders like R+L, ODFL, JB Hunt, etc., ask if or when they get OT. Again, I could be mistaken, but I've heard some of those guys only get OT premium pay after 50 or 55 hours.
State laws may be more favorable.

I forgot about that. This is a carry over from the old ICC, which didn't have to pay OT (unless it was covered by union contract).

I guess if the company is trying to pull this, I'd try to grieve it, then happened to feel ill around 40hrs if they didn't pay OT.

 

[1000RR]

Im in Missouri, and anything over 5 hours a day is time and a half for part timers

 

[ibleedbrown]

Im in Missouri, and anything over 5 hours a day is time and a half for part timers

we get paid overtime for anything after 5 hours and that's including double shifts. so if u work 4 hours during the twilight sort and plus another 4 hours during the preload u would get 8 hours total, 5 hours of that would be at your regular pay the other 3 hours would be overtime.

i do not believe you would get the overtime if you did driver helper plus a regular shift though. driver helper would also be paid at a different pay rate.