Duplication or pyramiding of Overtime

I know this question has probably come up in the past but as a new member I am trying to see what others would do in this situation.
We have a labor contract that requires Overtime (time and one-half) for hours worked between 9 pm and 6 am. It also requires Overtime for hours worked over 8. There is also a section stating there is no duplication or pyramiding of overtime.
If an employee starts work at 4 am at what point would they get Overtime based on the 8 hours worked claim? As the employer my thought is it would not be until after working 8 hours of straight time, so at 2 pm. The union believes the employee should get overtime beginning at noon based upon their being 8 hours worked from 4 am until noon. 2 of those hours however were paid at Overtime and 6 at straight time. My contention is that we are still allowed 8 hours at straight time. By the way, the daily guarantee in the CBA is only for 4 hours.



  • 8 Comments sorted by Votes Date Added
  • As I would interpret it...

    4am - 6am: time-and-a-half (shift differential)
    6am - 12pm: straight time
    12pm - end: time-and-a-half (hours over 8)
  • rexlabor

    Your first post! Welcome to the Forum. :welcome:


    PS: I agree with Frank.
  • I have a couple questions that would determine my response. In our PLA we have specified shfits 0700 - 1730. Our overtime for 1.5 time says the first hour worked in excess of the established shift. This would be pre-shift or post shift. Sooo, do you have specified shifts? Is the language you put in your post the specific language in the contract or were you paraphrasing?
  • The specific language of the contract as it relates to overtime reads as follows:

    Hours worked in excess of 8 in one work day, in excess of 40 in one work week, on Saturday and Sunday, and between the hours of 9 pm and 6 am shall be paid at 1 1/2 time the workers base rate.

    Other language however states:

    There shall be no pyramiding or duplication of overtime for the same hours worked.

    If the employee is getting time and one-half from 4 am until 6 am and then overtime after 6 hours of straight time (for a total of 8 hours worked) it appears that he is pyramiding the overtime.

    Thanks for the input all.
  • I agree with Frank's assessment. Your contract language does not say the first eight hours of work have to be at straight-time before time and one-half kicks in.

    To me, no pyramiding means an employee doesn't receive time and one-half on top of hours for which he is already receiving time and one-half. For example, if the employee's schedule was noon to 9:00 p.m., but he worked two extra hours to 11:00 p.m., those two hours would be at time and one-half, not time and one half (shift differential) on top of time and one-half (more than 8 hours in a day). Next time the contract is open, you may want to try changing the language.
  • I interpret the pyramiding concept the same way David does. Typically, the term is used to indicate employees will not be paid more than time-and-a-half if more than one time-and-a-half condition applies to the same time worked.
  • I agree on the pyramiding interpretation also. Thanks for the language clarification. With nothing specific in place I think Frank's original thoughts on pay were the way to go.

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