Synopsis: Overtime can be a tricky topic and so we are presenting information in an FAQ format that should prove useful to houses wishing to learn more about what the employer/employee rights and responsibilities are.
Both Federal and California State Law have determined that the regular working week for non-exempt employees is a 40-hour week (out of a potential 168 hours – seven consecutive 24 hour periods). SOS starts its work week on any given Sundays at 12:00:01 AM ending the following Saturday at 12:00 midnight. Whether you authorized it or not employees that complete work classified as overtime are entitled to extra compensation at no less than 1.5 on their regular rate of pay.
We need to make sure our kitchens operate up to current labor code and that we are not exposing the student management program to lawsuits from former employees.
Guests and overtime
If the house exceeds the total number of people to be served outlined in the job expectations above, the employee has explicit permission to report overtime for any extra hours used serving the guests.
SOS may well charge the house for this OT if proper protocols have been followed and warning given to student managers.
Can we average hours between two weeks? Can overtime be waived? Averaging of hours over two or more weeks is not permitted. The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee’s right to compensation for compensable overtime hours that are worked. (source: www.dol.gov/esa)
Does excessive overtime (over four hours mean more overtime bonus)? Yes, employees are paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday. SOS’s workday begins at 12:00:01 AM and end sat midnight. (source: http://www.dir.ca.gov/dlse/FAQ_Overtime.htm)
Where to Obtain Additional Information
Copies of Wage and Hour publications may be obtained by contacting the nearest office of the Wage and Hour Division listed in most telephone directories under U. S. Government, Department of Labor or by calling their toll free number 1-866-4USWAGE. Employees and employers are encouraged to bring all questions and problems to their SOS representative ASAP to make sure a working system for handling overtime concerns is resolved quickly and to both parties satisfaction.
Special Needs/Budget (notes)
Exemptions to overtime may come in the form of agreements for irregular workweeks (i.e. 4 days at 10 hours/day). Managers will wish to work with SOS to make sure they have properly budgeted for anticipated overtime for both chef and hasher.
This document researched and written by: