🚀 go-pugleaf

Guys, you might want to go to the USDOL page and download the FLSA (Fair
Labor Standards Act). Also, check out some labor law web pages for
simplified interpretations, past cases, etc. Application of the act and its
provisions can vary from one individual's job functions to another. Even
though the "computer field" (as defined in the FLSA) is generally an exempt
classification, there are some caveats...big time. I'm sure you know that
"exempt" means exempt from FLSA provisions requiring overtime. "Non-exempt"
employee classifications mean that the FLSA overtime requirements apply.
These are usually the hourly folks. Generally speaking, exempt
classifications for the "computer field" are restricted to high-level
systems analysts, software developers, and software engineering job
functions. The act is quite specific. Also, the act requires that these type
job functions be "high-level" functions whereby the employee uses his/her
own "independent judgment and discretion"...a very important part of the
definition of "high-level." For example, a junior programmer performing
junior programming job functions under close supervision is non-exempt and
must be paid overtime. By the same token, if some dude is looking over your
shoulder every step of the way, supervises you to death, and confines what
you do to narrow parameters, or reduces the thing to a monkey-see, monkey-do
operation...well, you're not really exercising "independent judgment and
discretion."

When a salaried employee is required to be paid overtime, they must be paid
1.5 times the "regular rate" (as defined) for every hour in excess of 40
hours/week. However, overtime is calculated differently for salaried
employees than for hourly employees, although it is still 1.5 times the
"regular rate" in accordance with FLSA requirements. For salaried persons,
the dollar amount per hour for overtime compensation can change from week to
week. Here's why:  first, the "regular rate" must be determined. The
"regular rate" can vary because for salaried employees it is calculated by
dividing the salary (figured on a weekly basis) by the number of hours
worked during the company-established work week. In other words, if you
worked 70 hours, your "regular rate" established for that particular work
week goes down...because you are dividing it by 70 as opposed to 40. Your
overtime compensation due is 1.5 times whatever the regular rate was for
that particular work week. Of course, if you only worked 48 hours, your
overtime hourly rate is higher because the "regular rate" is derived by
dividing the weekly-figured salary by 48...and you get 1.5 times whatever
that is.

Another thing: the truly exempt, salaried folks must be paid the same each
work week, regardless of "the quantity or quality" of work (as defined).
However, the employer is not required to pay a salaried employee for a work
week in which no work is performed. This means if you are sick and are out
the entire week, yet go in for an hour or so on, say, Friday PM...the
employer must pay you for the entire week. Typically, sick leave policies
and procedures will step in and cover these type situations. Also, on a
salaried basis, the employer cannot lay you off for a week or two without
pay, and keep calling you back on an as-needed basis.

Typically, the problem is that many employers...yes, the biggest and most
familiar names of them all...like to broad-brush an entire category of
employees and call them "professionals" when, in reality, these employees do
not get to "exercise independent judgment and discretion" during performance
of their job duties (must be 80% of the time, by the way). Most folks think
that just because they are an EE, ME, CS, or other degreed discipline, they
automatically don't get paid overtime. As Gomer Pyle use to say, "Surprise,
surprise!" These type employer practices enormously reduce these firms'
payroll outlay...literally to the tune of hundreds of millions for many.

One more thing...this "manager" business. If one is salaried on the basis
he/she is merely called a "manager," they must be performing managerial
functions as defined by the FLSA. Within all of these classifications, the
determining factor is what that employee actually does on a day-to-day
basis, not by what they are called in terms of a job title. What's on their
business card or an org chart doesn't mean squat. I've seen so-called
"managers" whose day-to-day functions equated to pushing a wheelbarrow...or
they were merely the secretary to some senior manager or directorate level.
Truth was, they didn't have half the "managerial" job functions of some dude
working on the sprinkler system outside the building. In commercial
technology firms...which is the case here, hiring/firing, policy-making, and
very similar managerial functions must consume 80% or more of their work
week. In retail businesses, it's 60%...in this case, the other 40% is
usually filling in for some cashier that's on lunch hour or manning a
register in his grocery store during peak rush times...a different scenario,
altogether.

Virtually all employees seem to think that their signed employment contract
is the final word and takes precedence. Nope. If an employment contract or
employment agreement, whether written or verbal, is in conflict with USDOL
statutes, the FLSA, state labor codes, etc., those specific parts of the
contract or agreement don't mean squat. (They know this, but assume you do
not.) In other words, any such employment contract or agreement cannot
"circumvent or diminish" federal law or state labor codes...period. End of
story. Therefore...go ahead and sign anything to get the job...then, tap
them on the shoulder a few months or a year downstream and say, "Oh, by the
way, I just noticed that my paycheck has been short for 10 months in a row."
However, don't wait too long because the statute of limitations is 2 years,
3 years of willful intent can be shown. Oh...one more thing...they don't owe
you the back overtime...now they owe you double the overtime amount. Pretty
good interest, huh? If they want to argue the point, take it to TWC
legal...the fastest route. If they get really ticked off and fire
you...that's retaliation. By the time that one is settled, you'll likely not
need to work for the next few years or so anyway.

As to the screwball with his panties in a wad that responded to the initial
posting...yeah...they nutcase that was telling everybody to basically "shut
up and go get a different job"...or "you knew this when you accepted the
job," well...that person is merely a crude idiot. The fact is, when you
interview, no employer sits there and tells a prospective employee..."We
require 70 hours per week around here every single week...and those that
don't are terminated." They just don't do that. Anyway, I used to have a dog
with that kind of attitude...come to find out, he was wormy. I was in this
silly business when most still had tan poop, and believe me...I've been
there, done that...several times over. After 35+ years in the workplace, I
just don't put up with crap, anymore...but am more prone to do something
about it...and darn sure don't toss and turn on my tear-stained pillow when
these outfits take a big hit. The current economic cycle?...have seen
several of them...one in particular being just as deep and as sustained.
Wrapping this thing up, here...yunno...there's a class action going on right
now, as a coincidence a bud on mine got started...can't remember the name of
the firm...something like San Fran-----. Yep, I'm having to sit on my hands
just to keep from hugging myself.

Watchum!!!!

"��nny Pr� B�n�" <sonnyprobono1@�PAMMEN�Ticqmail.com> wrote in message
news:n44n4uodjl35l94874mcf74hedoj6bgsi2@4ax.com...
> On Sun, 20 Jan 2002 14:58:05 -0600, in dfw.jobs "Shamish"
> <shchartudi@yahoo.com> wrote:
>
> >I'm in the computer field. I think its time the fed. govt stepped in and
> >regulated all of this free labor companies are getting. 50, 60, sometimes
70
> >hour weeks or more. All for the same salary as a 40 hour week. If you
refuse
> >to work over, you get fired. If you take off early, your frowned upon.
There
> >is something seriously wrong with that picture.
> >
> >I ask you. Why in the F**C should I give my time to a business for free?
A
> >business that, as we all know by the hundreds of thousands of recent
> >layoffs, couldn't care less about anything but their own pockets. Can you
> >say Enron, Ford, AA, etc. Why? What have these companies done to deserve
> >taking a chunk out of my life that doesn't belong to them. They are not
> >paying for it. They just take it for free.
> >
> >And, due to the massive layoffs, this epidemic of employees doing the
work
> >of three people is growing. It should not be allowed to continue. Now
> >companies are even laying off people who have been working 70 hours a
week
> >anyway! Instead of laying them off. They should have just told the
employee.
> >We will let you stay at work 30 hours per week for free, but anything
over
> >that you are not allowed to come in. That's how ridiculous this situation
> >is. These companies are getting away with corporate robbery!
> >
> >Anything over 40 hours should be paid for. A good service for a good
wage.
> >
> >CHANGE THE EMPLOYMENT LAWS!!!!
> >
> >Disclaimer: I know this is better than being out of work as many of you
are.
> >So please hold your flames. But just because something is 'better,' still
> >doesn't make it right.
> >
>
>
> A friend's hubby worked for Nortel ten years back.  He was a salaried
> manager.  For some contract dispute, Nortel began to pay for all
> overtime work of salaried people.  Miraculously, after a month, he and
> most other managers were working 40 hours a week.  I guess all that
> overtime work just didn't need to get done anymore.
>
> But I agree with you.  The more you work and are not compensated, your
> per hour drops like a rock.  Screw loyalty.  You are just an
> interchangeable part to the company.  Just think of the CEO's of these
> great American corporations getting tens of millions in salary plus
> hundreds in stock options, for bankrupting the company.  Yeah, they
> are worth it for being a figurehead and passing on the favor to the
> others.  God ble$$ America!
>
> LOL.
>
>
>
> K;)