Overtime pay with minimal work done

[Zigner]

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

Other than the 3 hours, the employee could have spent the rest of the day scuba diving or surfing and then gone back to the hotel for a massage.

ETA: If what I said here is true, then I (and the OP & PayrollHRGuy) are correct. If what I said here is not true, then you are correct.

 

[xylene]

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

Actually per the op it was (8 hours a day M-F)
So 'the boss' was spreading some od thrusdays hours?

I guess that's labor day!

 

[Zigner]

Actually per the op it was (8 hours a day M-F)

It was to pay 8 hours per day. In any case, the OP is correct in his/her calculations since s/he paid the actual hours worked for Friday, and not just 8 hours.

 

[xylene]

The evidence the employee here was 'engaged to wait' is pretty conclusive - the boss wanted it paid.

So those hours came out of the employee's PTO or was some kind of holiday pay?

He wasn't free to go scuba diving.

 

[PayrollHRGuy]

Actually per the op it was (8 hours a day M-F)
So 'the boss' was spreading some od thrusdays hours?

I guess that's labor day!

Federal, Virginia and Hawaii law requires no OT for hours over 8 in a day only 40 in a pay week.

 

[Zigner]

The evidence the employee here was 'engaged to wait' is pretty conclusive - the boss wanted it paid.

You would take that to court and expect to win? I'm astonished.

So those hours came out of the employee's PTO or was some kind of holiday pay?

An employer can pay an employee money out of the kindness of his heart. If it helps you, just consider it bonus pay.

He wasn't free to go scuba diving.

Based upon what information do you make that statement?

 

[xylene]

Federal, Virginia and Hawaii law requires no OT for hours over 8 in a day only 40 in a pay week.

I didn't condend that. Nor did I make any 7th day argument.

How does the employer get to reduce the hours on Thursday to 8? Bonus pay subtraction?

Per the OP - The employer 'actually worked' on all the days. She doesn't want to count the engaged to wait time (which boss wants paid) as hours toward OT. She also wants to lower the 14.5 on thursday to 8... which is also problematic. Engaged time does count towards OT. The employee is owed 40 hours straight time and 12.5 hours of OT.

 

[Zigner]

She also wants to lower the 14.5 on thursday to 8... which is also problematic.

The OP wishes to do no such thing, as is borne out by the OP's own calculations that are the same as I (and others) have come up with. The OP wants to do this right and recognizes that, not only is the boss wrong (by calling it an even 8 hours for each day), but the employee is wrong (by wanting O/T pay when he didn't work enough hours).

I do concede that, if the employee was required to be on site and just wait around, then he's owed the pay as if it were work. However, I believe that this is more of a situation of the employee going in for 3 hours and then being told "you don't need to be here, head on out...we'll see you tomorrow."

ETA: I wish the OP would come back and clarify which of the above it was...

 

[PayrollHRGuy]

@xylene Reread the first three posts. I asked about how the wai time worked out. We have no reason to believe that on the first three days the employee was engaged in any way at all.

 

[xylene]

I do concede that, if the employee was required to be on site and just wait around, then he's owed the pay as if it were work.

I also concede that "going in for 3 hours and then being told "you don't need to be here, head on out...we'll see you tomorrow."" if that is the case then the employ is not owed OT.

 

[LdiJ]

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.

I think that you misunderstood...the M-W three hours each day was the waiting time...I believe that the employee waited three hours each of those days and then left. At least that is how I read it.

 

[xylene]

I think that you misunderstood...the M-W three hours each day was the waiting time...I believe that the employee waited three hours each of those days and then left. At least that is how I read it.

The OP said one thing then another and gave hours paid figures in conflict with the 'actually working' figures. OP is in Virginia and the events took place in Hawaii and 'the boss' (presumably in HI) had a different opinion. I think the certainty OP has of facts is less than 100%, yet she is decidedly specific when they all favor her perspective and not the employee's.

 

[PayrollHRGuy]

I don't understand why you say that @xylene If you look at the first three posts everything pretty much becomes clear.

 

[justalayman]

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.

Ok, why does employee believe he is due overtime?

As you should have read, only working hours count towards overtime. Bonus pay (paid for time not worked) does not count towards the 40 hour week after which overtime must be paid. Regardless of how you look at this, employee worked 36.5 hours, no matter how many hours he was paid for. That means he is not due overtime pay...period. He is due 36.5 hours pay. Anything beyond that is a gift from the boss and doesn’t count towards the 40 hour required to work before overtime pay kicks in.

 

[Suzanne54]

Thank you all for your input. This work is being done on a military installation and we are at the mercy of the military and their schedule. If the ship is having drills, then work can't be done so they send my employee home. So he is arriving at 7, waiting for access and the tags haven't been cleared and they won't be able to access till the next day. This happened three days in a row. He was not sitting at the base all day. He is at his hotel in the swimming pool, the bar or exploring. My boss is being generous by paying him for eight hours when he was only inconvenienced for 3 hours. I can understand the seventh consecutive day, but I will need to look that up.