overtime calculation
chintz
1 Post
Our workweek starts 0000 hours Monday and ends 2400 hours Sunday. Our employees work at all times of the day and night. We support the fishing industry in Alaska. Of course we pay time and one half for hours worked over 8 hours daily and over 40 hours in one week.
On a particular day a fishing vessel arrives at the dock and work starts at 1600 that day. An employee clocks in at 1600 and clocks out at 0400 the next day. The employee has worked 12 hours. The employee clocks in again at 1300 hours after being off for 9 hours. The employee works from 1300 hours until 0500 hours the next day.
The employee is paid 8 hours at standard rate of pay for work performed from 1600hrs to 0000hrs, 4 hours at standard rate of pay for work performed from 0000hrs to 0400hrs, 4 hours at standard rate of pay for work performed from 1300hrs to 1700hrs, 7 hours at time and one half for work performed from 1700hrs to 0000hrs, and five hours at standard rate of pay for work performed from 0000hrs to 0500hrs.
There is no consistancy regarding shift as we can not control how fishing vessels arrive.
The employees do not like going on straight time after midnight although they do not have a problem when a new shift starts and they come on a time and one half. Of course the employee starts to complain at midnight after they go back to standard rate of pay after being on overtime for 9 hours.
All state and federal regs indicate we are in compliance but I would like some other opinions.
Thank you.
On a particular day a fishing vessel arrives at the dock and work starts at 1600 that day. An employee clocks in at 1600 and clocks out at 0400 the next day. The employee has worked 12 hours. The employee clocks in again at 1300 hours after being off for 9 hours. The employee works from 1300 hours until 0500 hours the next day.
The employee is paid 8 hours at standard rate of pay for work performed from 1600hrs to 0000hrs, 4 hours at standard rate of pay for work performed from 0000hrs to 0400hrs, 4 hours at standard rate of pay for work performed from 1300hrs to 1700hrs, 7 hours at time and one half for work performed from 1700hrs to 0000hrs, and five hours at standard rate of pay for work performed from 0000hrs to 0500hrs.
There is no consistancy regarding shift as we can not control how fishing vessels arrive.
The employees do not like going on straight time after midnight although they do not have a problem when a new shift starts and they come on a time and one half. Of course the employee starts to complain at midnight after they go back to standard rate of pay after being on overtime for 9 hours.
All state and federal regs indicate we are in compliance but I would like some other opinions.
Thank you.
Comments
Are you under union obligation to track daily?
You, therefore, must track the 24 hour day, but don't make a mountain out of a mole hill. An individuals' hours worked is going to occur within a 24 hour period and, like we who are required to shut off the work week, you are likewise, required to shut off the work day.
We published and choose to use the standard 12:00 midnight as the time for the day to stop and 00:01 as the time for the day to start. Anyway that you want to look at it, it is still a 24 hour day and even when you split the 24 hours into pieces one can only get 24 hours. 8 of which is paid at regular pay and all other hours or 1/4 of an hour is at time and 1/2.
Pork
However what you may want to do is to show them that under any work week or work day format, they would always run into similar type problems of having to work at overtime rate part of the work day and then continue at a regular rate later in the work day.
Firstly, an employer may have any work week it wants -- have it start at any time during a day and then end exactly 7 days later.
You may want to try different hypothetical work weeks, to demonstrate that any work week that is selected, or any work day period, will always have shortcomings in the rate of pay changes given the vagaries of fishing boat docking. That may help them to realize that they may in fact have the best of all possible work week and work day formats; or you may fine something better that works for the company and even the emplyees.
If you do change work weeks, after running through some hypotchticla work weeks with actual docking times, take a look at FLSA regulations regarding changes in work weeks at 29CFR778.301 and .302. There is monitoring that would have to be done for the overlapping period in the change of work weeks.
[url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr778_98.html[/url]