Overtime pay with minimal work done

[Suzanne54]

VA employee is on assignment for a job out of state. The place where he is to perform his work is not ready for him, he has no access to the equipment to be repaired. For the week in question, the actual hours worked is 36.5. However, the boss has elected to pay him 8 (M-F)hours a day anyway. His work hours are as follows: M-3, T-3, W-3, Th-14.5, F-7, S-5, S-1. Employee thinks he is eligible for OT. I vehemently don't. Please advise.

 

[PayrollHRGuy]

If the employee had to be onsite while waiting for access to the equipment and the total of required onsite time and time actually spent working on the equipment is greater than 40 hours he most certainly must be paid overtime.

 

[Suzanne54]

If the employee had to be onsite while waiting for access to the equipment and the total of required onsite time and time actually spent working on the equipment is greater than 40 hours he most certainly must be paid overtime.

The 3 hours M-W was waiting. As you can see the total hours worked was on 36.5. But because he worked Sat and Sun he feels he should get overtime

 

[ShyCat]

What state was the job? Where overtime is required over 8 hours per day, the employee would be owed 6.5 hours overtime for Thursday.

 

[PayrollHRGuy]

What state is he working in?

 

[PayrollHRGuy]

Overtime applies on the 7th consecutive day of work, per federal law.

Cite!

 

[Suzanne54]

Hawaii

 

[PayrollHRGuy]

Hawaii has no state OT law that would override the Federal law in this case and VA mirrors the Federal law. OT is owed on hours over 40 worked.

I assume the normal pay period is Monday through Sunday?

 

[Zigner]

Sorry - I misread something. I'll wait to see what state applies, as you inquired about.

 

[xylene]

The employee is owed 12.5 hours of OT because the boss is saying he worked at least 8 hours on monday to friday.

M=8
T=8
W=8
Th=14.5
F=8
Sat=5
Sun=1

That's 52.5 hours. That's MATH - no matter how "vehement" you are about the issue.

Your employers boss understand he was 'engaged' - this actually working bit is your nonsense.

If your subs aren't doen and have the jobsite ready, that's on you.
Manage that better instead of sweatting some OT you could have avoided.

 

[xylene]

And even if you calculated it like this (which would be fibbing big time)

M=8
T=8
W=8
Th=8
F=8
Sat=5
Sun=1

Still 6 hours OT owed.

 

[Zigner]

The employee is owed 12.5 hours of OT because the boss is saying he worked at least 8 hours on monday to friday.

The boss said no such thing. The boss said to pay him for 8 hours on those days, even though he didn't work 8 hours.

 

[Zigner]

M=3 (+5 non-work hours paid)
T=3 (+5 non-work hours paid)
W=3 (+5 non-work hours paid)
Th=14.5 work hours
F=7
Sat=5
Sun=1

36.5 working hours + 15 non-working hours. O/T isn't due for hours that are paid when no work is done.

 

[xylene]

The boss said no such thing. The boss said to pay him for 8 hours on those days, even though he didn't work 8 hours.

No, the OP is 'vehemently' parsing the difference between engaged to wait hours and actual work, when there isn't one.

I suspect this is because what OP means by 'actually worked' is billable. That's her problem to eat. Manage the jobsite better and you don't have to pay employees for sitting around.

 

[PayrollHRGuy]

OT is owed on hour ACTUALLY worked. The OP has stated that that the only waiting time was on Monday (3 hours). Just because the employer was nice and paid for some hours the employee was not working doesn't mean OT kicks in.

It would be no different than an employee being paid for a paid holiday. If you are paid 8 hours for Labor Day and then work 8 hours tues-thurs and 12 hours on Friday there is no OT.