I have a friend that works 4 days a week 8/8/12/12 hours. I told them they were lucky to get 8 hours of OT every week and they said the 8 hour rule didn’t apply for hourly employees because they chose the 4 day work schedule. I thought that anything over 8 hours a day was OT - end of discussion, which is one reason more companies don’t move to 4x10 workweeks. What’s the dope?
Also, he had a day of mandatory training when he got hired but never got paid because he was not an employee until he signed his contract at the end of the day/training due to corporate policy (so no one ever gets paid for this training). Logically that doesn’t make sense but I’ve learned that law and logic are not always synonymous.
Depends on local labour standards laws. They may actually make an exception for those who choose to work longer hours (i.e. max 12 hours a day, max 40 hrs a week).
I’m not sure how you prove “choose” when generally it boils down to “take it or leave” unless it’s a union contract.
As usual, it can be incredibly complicated. There is no daily overtime in Ontario, 44 hours is when overtime for the week kicks in, a union agreement or employment contract can change some things, and “bank time” instead of pay for overtime is OK provided it is at 1.5hrs off per hr OT worked.
And some places determine overtime by the week by default, not by the day. If my employees work 9 hours one day, I get them out the door after 7 the next, and they work 8 the next three each, they don’t get overtime.
It depends on the state. I California, for example, non-exempt employees are paid overtime for any hour after the first 8 in a day (or maybe a shift). In most places, OT doesn’t kick in until you’ve worked 40 hours in a week or more than 12 in a day.
Where I used to work, me and another guy split the work week doing the same job. We both did 3 - 12 hour days plus a 4 hour partial shift where one of us came in the morning and the other in the afternoon. No overtime pay unless we went over 40 hours for the week. Great shift, 3 1/2 days off each week! This is in Oregon, overtime only applied after 40 hrs. unless negotiated as part of a union contract.