Docstoc

Overtime Overtime By Stephen Overtime

Document Sample
Overtime Overtime By Stephen Overtime Powered By Docstoc
					Overtime

By Stephen
                Overtime
   Overtime is the amount of time someone
    works beyond normal working hours.
    Normal hours may be determined in
    several ways:
                                 laws
   Overtime have overtime laws designed to dissuade or prevent
    employers from forcing their employees to work excessively long
    hours. These laws may take into account other considerations than
    the humanitarian, such as preserving the health of workers so that
    they may continue to be productive, or increasing the overall level of
    employment in the economy. One common approach to regulating
    overtime is to require employers to pay workers at a higher hourly
    rate for overtime work. Companies may choose to pay workers
    higher overtime pay even if not obliged to do so by law, particularly if
    they believe that they face a backward bending supply curve of
    labour.
   Overtime pay rates can cause workers to work longer hours than
    they would at a flat hourly rate. Overtime laws, attitudes toward
    overtime and hours of work vary greatly from country to country and
    between different economic sectors.
                   Time off in lieu
   Time off in lieu; compensatory time; or comp time refers to a
    type of work schedule arrangement that allows (or requires)
    workers to take time off instead of, or in addition to, receiving
    overtime pay. A worker may receive overtime pay plus equal
    time off for each hour worked on certain agreed days, such as
    Bank Holidays.
   In the United States, such arrangements are currently illegal for
    private sector workers under overtime laws, but the practice is
    legal in the public sector.[1]
                     Overtime
           under current overtime laws in the U.S., non-
    Overtime,
    exempt workers must receive at least one and one
    half times their normal hourly wage for every hour
    worked beyond 40 hours in a work week. So, if a
    worker clocks 48 hours in one week, then they would
    receive pay equivalent to 52 hours of work (40 hours
    + 8 hours at 1.5 times the normal hourly wage).
    Comp time would permit the worker in this example
    to forego the 12 hours of overtime pay and instead
    take 12 paid hours off at some future date.
   In Australia, such arrangements both in the private
    and public sector are common.
   In some cases, particularly when employees are
    represented by a union, overtime may be paid at a
    higher rate than 1.5 times the hourly pay. In some
    factories for example, if workers are required to work
    on a Sunday, they may be paid twice their regular.
             Working off the clock
   Some employers require employees to work "off the clock" by
    prohibiting them from recording time actually worked; failing to
    compensate them for meal periods and rest breaks; failing to
    pay overtime for travel from shop to work-site and back; not
    paying overtime for time spent working while traveling; failing
    to pay overtime for attendance at training, meetings and
    lectures; failing to compensate for arriving early to perform
    necessary preparations for work; not paying overtime for time
    it takes to suit-up or put protective gear on, time waiting to log
    in, on-call time, or time in security line; forcing employees to
    work on the weekends without clocking in; or instructing them
    to report fewer hours than actually worked. Such practices are
    generally prohibited in the United States under the overtime
    laws for non-exempt employees.[2]
   In Japan this is a widespread, almost standard work place
    practice and can in extreme cases lead to the Japanese Karōshi
    phenomenon of death-by-overwork (usually a stroke,
    sometimes suicide). A firm might pay 20 hours of overtime per
            Federal overtime law
   In the United States, the Fair Labor Standards Act of 1937
    applies to employees in industries engaged in, or producing
    goods for, interstate commerce. The FLSA establishes a
    standard work week of 40 hours for certain kinds of workers,
    and mandates payment for overtime hours to those workers of
    one and one-half times the workers' normal rate of pay for any
    time worked above 40 hours. The law creates two broad
    categories of employees, those who are "exempt" from the
    regulation and those who are "non-exempt". Under the law,
    employers are not required to pay exempt employees overtime
    but must do so for non-exempt employees. Independent
    contractors are not considered employees and are not
    protected by the FLSA. Several factors determine whether a
    worker is an employee, who might be entitled to overtime
    compensation, or an independent contractor, who would not be
    so entitled. That an employment agreement states that a party
    is an independent contractor does not mean that this is
    necessarily so.
   Classes of workers who are exempt from the regulation include
           California overtime law
   The state of California's overtime laws involve overlapping
    statutes, regulations, and precedents that govern the
    compensation of employees in California. While the governing
    federal law is the Fair Labor Standards Act (29 USC 201-219),
    California overtime law is codified in provisions of the
    California Labor Code and in Wage orders of the [6] Because
    there are two sources of applicable law (federal and state), a
    California employer must comply with both.
   In California, based on California Labor Code 1171, only an
    employment relationship is required for overtime rules to apply.
    Under the California Industrial Welfare Commission Wage
    Orders, an "employer" is "any person ... who directly or
    indirectly, or through an agent or any other person, employs or
    exercises control over wages, hours, or working conditions of
    any person." Under the California Labor Code, an "employee"
    is "[any] person, including aliens and minors, rendering actual
    service in any business for an employer, whether gratuitously
    or for wages or pay, whether the wages or pay are measured by
    the standard of time, piece, task, commission, or other method
    of calculation, and whether the service is rendered on a
    commission, concessionaire, or other basis." Independent.
           California overtime law
   In California, based on California Labor Code 1171, only an
    employment relationship is required for overtime rules to apply.
    Under the California Industrial Welfare Commission Wage Orders,
    an "employer" is "any person ... who directly or indirectly, or through
    an agent or any other person, employs or exercises control over
    wages, hours, or working conditions of any person." Under the
    California Labor Code, an "employee" is "[any] person, including
    aliens and minors, rendering actual service in any business for an
    employer, whether gratuitously or for wages or pay, whether the
    wages or pay are measured by the standard of time, piece, task,
    commission, or other method of calculation, and whether the service
    is rendered on a commission, concessionaire, or other basis."
    Independent contractors are not employees covered by overtime
    laws, so it is important to determine if a worker is an independent
    contractor or an employee.
                Exemptions:
   The conditions attached to the worker's
    individual consent are tightened by the
    proposed new directive: member states
    may allow workers to opt out from the
    limitation of hours worked so long as this
    is expressly allowed under a collective
    agreement (e.g., with a trade union), and if
    the individual worker consents. The
    individual's consent is subject to conditions
             Exemptions
 It is valid for a maximum of one year
  (renewable)
 No worker can work more than 65 hours in
  any week

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:6
posted:3/25/2012
language:simple
pages:11