Chinese Overtime

PMIBBAYER · May 2003

Are there any restrictions in any particular States regarding the utilization of "The Fluctuating Workweek" (otherwise known as ChineseOvertime)?

Don D · May 2003

Are you talking about policies that allow employees to 'flex' their schedules? I'm not familiar with 'Chinese Overtime', but have heard of 'Chinese Firedrills'. The last place I worked was owned by Chinese and they were the onsite senior management, thus we all learned to steer clear of such descriptors of workplace phenomena.

Diane in FL · May 2003

Sounds as though someone's trying to get you to do something you shouldn't! Whether or not your company offers flex-time, overtime is supposed to be figured the same way in any non-governmental company: anything over 40 hours in a workweek as described in the policies is calculated at time and one-half for each hour over 40, unless you pay more than time and one-half or your state/local laws have a higher rate, which then applies over the federal ruling.

Your employees can flex all they want, but their compensation is figured only within that one workweek period, which can be any set of 7 days, as long as they are the same days for everyone in a class. Say, M - Su, all non-exempts can choose whatever hours they are going to work, and Tu - M, all exempts can figure their schedules. Neither class can "save up" hours to be applied to the next week, however, and exempts are tricky, because they cannot be docked for less than full-week periods and then only for very specific reasons.

The updates to the FLSA are due out next month, but from everything I've read, the changes relate more to classifying jobs (as exempt or non-exempt) and leave the pay calculations alone.

Good luck! If you have any more questions for me, I'll take them off-line. Cross-reference the SHRM web site at [url]www.shrm.org;[/url] their Publications/White Pages have some more info on the subject.

Diane in FL · May 2003

None that I'm aware of, as long as the FLSA standards are upheld, flex-schedules are fine.

Governmental or emergency (fire, police, hospital) organizations may have some, however, so if you fall under those categories, you may want to check with the local chamber of commerce or any unions or professional groups associated with your specific personnel. I've found that any and all of these places have information available and generally at a reasonable price (if not free!).

Theresa Gegen TX · May 2003

Well, even though I don't know what you mean by "chinese overtime", I believe California has regulations that require overtime to be paid on a daily basis (for over eight hours). If you have employees in California, you will need to check their regs closely.

Good Luck!

thomas · May 2003

Have heard of "fluctuating hours" and the "fluctuating workweek" although have never heard it referred to as "Chinese overtime". If you haven't already done so, you might want to see Section 778.114 of the Fair Labor Standards Act or e-mail me at [email]lpaquin@ruralresources.org[/email] and I'll send you a copy of the section. Don't know if any States have restrictions regarding this issue but would seem to me the Federal regulation would take precedence.

gillian2 · May 2003

Yes, California allows flexible work weeks in order to avoid the requirement to pay overtime over 8 hours per day. Putting one into place requires a written proposal to the employees, a meeting to discuss the pro's and con's, a wait of two weeks while the employees think about it, then a secret ballot election which requires a 66 2/3% majority to put it into place, then notification to the State Department of Labor Standards Enforcement in Sacramento.

Chinese Overtime

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