Overtime pay with minimal work done

[Zigner]

I can understand the seventh consecutive day, but I will need to look that up.

I was mistaken about the 7th consecutive day.

 

[PayrollHRGuy]

The 7th consecutive day thing was an error.

 

[cbg]

OT being due on the 7th consecutive day is not Federal. It is a state law in a single state, not a state that applies here. No need to look it up.

 

[Zigner]

To be clear, I am very familiar with that one state in which OT on the 7th consecutive day applies. I know that it doesn't apply in other states, but I misinterpreted information I found when looking at federal requirements. As cbg (and others) pointed out, OT on the 7th consecutive day does NOT apply in your matter.

 

[cbg]

Sorry, Zig, I was talking to the OP, not to you.

 

[Zigner]

Sorry, Zig, I was talking to the OP, not to you.

No sorry needed - I knew what you were saying. I just wanted to be clear for the OP that I screwed up and to disregard what I said before.

 

[Suzanne54]

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.

No, the boss isn't taking any time out of his paid time off. As a matter of fact, he is getting ready to pay him for unused vacation.

 

[Suzanne54]

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.

That is correct

 

[Suzanne54]

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.

Yes it is my perspective. It is my responsibility to look out for the business and the boss. And I take that very seriously. If the business fails, then I loose a job, and so does the respective employee.

 

[Suzanne54]

Again, thank you all for your input. This has all been really helpful. Overtime is a tricky thing. I don't want to take away anything that they are entitled to, but again, I have to look out for what is best for the company to remain profitable. So now I will go on to another question in my next post......Travel time!!!