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Overtime and Piece Work

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dkbdaddy

Guest
What is the name of your state? North Carolina

I am employed of a company that is contracted by a prominent cable/broadband provider to do cable3 televeision and high-speed data installations. I punch into a time clock when I arrive for the day and punch out when my day is complete. Taxes are taken out my check, I drive a company vehicle and am most definately not a subcontractor. I am paid by piece work however I also receive overtime when my week exceeds 40 hours... which is every week. A typical week is 60 hours. Company policy is that we are to complete our assigned routes and then contact our supervisor, dispatch, or other technicians to help them finish out their routes. I do not receive any "piece work" compensation for the time I spend helping other technicians who have fallen behind in their daily routes, nor do I get to "split" the additional jobs with the tech who fell behind. I am told it is too complicated to keep track of splitting jobs.

When I questioned this I was told that my "overtime" pay covers those services. I realize that overtime is supposed to be paid at time and a half however my overtime "rate" is calculated by some funky formula that makes no sense to me. It is based upon the amount of piece work I did on my own route however it does not equate to time and a half. Often it is a meager 2 or 3 three dollars an hour! With the formula they use, the more overtime hours I accumulate helping others, the less I make as an overtime rate because I'm not completing jobs assigned to me... the technician I'm helping receives the piece work pay for the job. I am also told that "it all equals" out because sometimes I might need help finishing up. Since starting with the company I have never required help from another technician to finish my route so their theory of "it equals" out seems like nonsense to me. I am being worked like a pack horse as a result of being good enough at my job to complete my day within a reasonable time.

When I calculate my pay for completed jobs during a week and divide it into 40 hours I get an hourly rate of $15 to $20 an hour, therefore I feel I should receive $22.50 - $30.00 per hour in overtime for each hour I work over a 40 hours. Am I correct in believing this?

Also, When I was interviwed I specifically asked about the company policy regarding weekend work. I was told definatively that I was expected to work every other Saturday. Since I started I have been told each Friday afternoon that I have a route for the following day (Saturday). I feel obligated to take the Saturday routes because "favoritism" is a definate factor in scheduling future routes with the higher paying jobs. Only one Saturday did I have off and that was only because I was out sick with pneumonia for 4 days after working 14 days straight to help replace fallen cable lines in the aftermath of an ice storm that hit the Carolinas in December.

I checked with my state labor board and I can't find anything about overtime and piece work. I also can't find anything about an employee's obligation to work weekends when the company policy was described as "every other". Somebody please set me straight on what I am owed for working 60+ hour weeks 6 or 7 days a week!

:confused: :confused:
 


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SMC2031

Guest
Piece Rate and OT

I'm sorry that I do not know your specific state information, but here is something directly from the DOL's website for Federal law. Fed law tends to be the basic... most states have a more favorable law, but not always.

"Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the noted statutory exclusions) in any workweek by the total number of hours actually worked."

Here is the website... good luck.

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
 
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dkbdaddy

Guest
Thanks for the URL. My best guess is that I've been shorted several thousand dollars in overtime pay. I would like to figure out an exact amount but my employer does not consistently provide a summary of weekly piece-work earnings along with total hours worked. I suppose I could ask for for the information but anticipate that it will be denied. I plan to contact the NCDOL and presume they will be making such a request on my behalf but I am not sure how the whole process works. Am I best advised to contact an attorney? How long does it usually take for the DOL to investigate a complaint?

Thanks a bunch for any help in this matter.
 
S

SMC2031

Guest
I am not sure how long it takes for the DOL to investigate complaints... but from other cases I've learned about in school, it generally rests on the employer to prove they didn't do anything wrong. If they did not keep accurate records and you did... you might get awfully lucky. Good luck with all that.
 

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