Overtime pay for temporary employees

[BolilloLoco]

I have worked for companies that paid straight time after 40 hours per week for time spent traveling.

[Jon Stewart]

Depends on the terms he was hired under. Was he told his hourly wage and if he would get over time pay for working over 40 hrs. Non union workers don't have a contract to rely on.

[tvc184]

Depends on the terms he was hired under. Was he told his hourly wage and if he would get over time pay for working over 40 hrs. Non union workers don't have a contract to rely on.

I am fairly certain that federal law doesn’t allow a company not paying overtime because a person agrees to it. If they could then every company could refuse to pay overtime by simply making it a hiring agreement.

A person can be exempted by position (salaried such as management), a person who has a job that is specifically allowed by federal law (such as motor carrier) or a contract worker. Everyone else earns 1.5 times their salary after 40 hours per week. Overtime is not dependent on a union contract.

The OP mentioned temporary employment, not contract work.

If that isn’t what you were talking about, disregard the above.

[kyle1974]

He’s trying to get his paperwork together to see what his actual employment status is. Honestly I can’t image this was an “oversight” because his employer is quite large.

I do think they’re taking advantage of the situation for this particular job but it is what it is.

I was honestly surprised there were loopholes (outside of contract work that was mentioned) where hourly folks weren’t paid overtime.

It’s a Life lesson for him. He hopes to build a career with this same employer in a different department so he isn’t going to bring it up. The way things work it’s fairly easy to be black balled regardless of a person being right about a situation.

[talltexasshoote]

He’s trying to get his paperwork together to see what his actual employment status is. Honestly I can’t image this was an “oversight” because his employer is quite large.

I do think they’re taking advantage of the situation for this particular job but it is what it is.

I was honestly surprised there were loopholes (outside of contract work that was mentioned) where hourly folks weren’t paid overtime.

It’s a Life lesson for him. He hopes to build a career with this same employer in a different department so he isn’t going to bring it up. The way things work it’s fairly easy to be black balled regardless of a person being right about a situation.

I can give you multiple examples of big companies having to pay back wages for missed or incorrect pay. He should call Texas workforce commission. They can answer his questions on this. If you want to see an example google Hard 8 BBQ. They got tagged for big money.

[Buff]

I had a friend years ago that worked for Halliburton. They worked 84 hours a week but made less an hour after the first 40 instead of more

[Dusty Britches]

The exceptions to the law are very rare. Overtime pay must be 1.5 times regular rate of pay. The Dept of Labor would be on this like flies on stink. If they show up at your door, you are in serious deep trouble.

Your son has a claim and one paycheck stub is all it takes.

[Texans42]

He’s trying to get his paperwork together to see what his actual employment status is. Honestly I can’t image this was an “oversight” because his employer is quite large.

I do think they’re taking advantage of the situation for this particular job but it is what it is.

I was honestly surprised there were loopholes (outside of contract work that was mentioned) where hourly folks weren’t paid overtime.

It’s a Life lesson for him. He hopes to build a career with this same employer in a different department so he isn’t going to bring it up. The way things work it’s fairly easy to be black balled regardless of a person being right about a situation.

Im a Director for a 6billion dollar IT consulting services firm. we have 15-20k contractors at any time.

you have been given a ton of bad info on this thread.

first have him pull his contract.
check what the job title and pay rate are.

Contract employee mean nothing in terms straight time or OT. All contract employees have to be paid time worked wether its 10hrs or 60hrs, but Federal mandated OT is by job title and pay rate.

so first figure out job title. If the job title is an OT exempt title he needs to be paid more then I think 684 a week, but might have to double check it, think they might of raised it.

again contract part doesnt mandate 1.5x pay. Job titles. No if his job titles say Project Manager, Systems Engineer etc make sure his duties correspond. If things dont match up call WFC, and present your findings.

[Hammerdown]

With all this being said I hope your son is looking for a job elsewhere. I couldn't imagine working for a company that looks for loopholes/exemptions when it comes to paying their employees.

[Bowanta]

anything PHYSICALLY worked over 40 hours is to be paid at a one and one-half rate pay rate. That is the law.
You have to Physically work the 40 hours, meaning no personal/vacation time off to reach the 40

[twright]

Just the fact that he is paid hourly does not mean OT is paid. There are several exempt positions. If they are paid hourly, and exempt, then they must be paid at least 27.63 per hour. Example of some exempt positions are:

Computer programmers, systems analysts, etc. in the IT profession.
Outside sales positions
Accountants, engineers, lawyers, and several other professionals

And several more.

Whether or not he is working thru a contracted staffing service or direct with the company has no bearing.

There is a lot of incorrect responses. I am in executive management over Risk and HR. PM me if you want to discuss in more detail.

[Phillip Fields]

I can give you multiple examples of big companies having to pay back wages for missed or incorrect pay. He should call Texas workforce commission. They can answer his questions on this. If you want to see an example google Hard 8 BBQ. They got tagged for big money.

Hard 8 BBQ was hit by the US Dept of Labor, Wage and Hour Division, not the Texas Workforce Commission.

[Jon Stewart]

Did your son ask what the wage for working would be and if there were any benefits with the part time job? Insurance, sick leave and overtime pay??