"Whatever Happened to Overtime?", a piece written by a Job Creator

Started by CountDeMoney, November 19, 2014, 10:21:50 PM

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Martinus

Quote from: Tamas on November 21, 2014, 10:16:02 AM
Quote from: Martinus on November 21, 2014, 07:45:22 AM
Quote from: Sheilbh on November 21, 2014, 07:24:18 AM
Quote from: Martinus on November 21, 2014, 06:02:15 AM
If you keep inflation artifically low (or allow it to go into deflation), you are redistributing wealth from providers of labor to holders of capital - high inflation does the opposite.
And between generations which, as a generational jihadi, isn't always a bad thing.

I agree. From the overall point of view, it is much better to have a society where people want to get rich from what they accomplish than from what they inherit.

Progressive income tax disagrees with you.  :mad:

Not really. Although I would support higher estate tax, to tell you the truth.

Martinus

Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.

I suspect the employer has more flexibility with limiting the hours (and thus, the pay) of the former on an ad hoc basis. I also assume a full-time hourly employee has no paid holiday.

crazy canuck

Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.

There really is none, at least for full time employees.

Part of the problem is that in common usage people have come to assume that a salaried worker is a manager.  You can see that mistake being made in this thread by some.  But, of course, that is not necessarily so.   The misconception is buttressed by the fact that a managerial employee would never be paid by the hour (unless the employer decideds to do so against their own interest) because a manager would be exempt from hours of work regulations.

crazy canuck

Quote from: Martinus on November 21, 2014, 10:27:49 AM
Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.
I also assume a full-time hourly employee has no paid holiday.

Certainly not here. 

Martinus

Quote from: crazy canuck on November 21, 2014, 10:35:33 AM
Quote from: Martinus on November 21, 2014, 10:27:49 AM
Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.
I also assume a full-time hourly employee has no paid holiday.

Certainly not here.

How would an employee paid by an hour have paid holiday?  :huh:

CountDeMoney

Quote from: crazy canuck on November 21, 2014, 10:13:46 AM
Yeah, but what I am trying to understand is why an employer can exempt an employee simply by using the magic word "salary".    As I said before, it makes a great deal of sense to exempt employees based on their function.  But simply allowing an employer to waive a magic wand and pronounce an employee "salaried" and therefore not entitled to overtime makes no sense.

You're a sharp guy, CC, so I'm sure you can understand the concept of "just because."  These decisions are made when the position is created.

"We need a new position, Evil HR Director, and I don't want to pay overtime."
"Done and done!"

See?

Martinus

Yeah. There is a reason why corporations pay a lot of money to employment law lawyers. :P

It's like asking how corporations can structure their investments in a way that they do not have to pay any taxes.

The Brain

Quote from: Martinus on November 21, 2014, 10:36:30 AM
Quote from: crazy canuck on November 21, 2014, 10:35:33 AM
Quote from: Martinus on November 21, 2014, 10:27:49 AM
Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.
I also assume a full-time hourly employee has no paid holiday.

Certainly not here.

How would an employee paid by an hour have paid holiday?  :huh:

:unsure:
Women want me. Men want to be with me.

Sheilbh

Quote from: Martinus on November 21, 2014, 10:36:30 AM
How would an employee paid by an hour have paid holiday?  :huh:
Pro-rate their pay :mellow:

In my experience if you're paid by the hour you either get paid holiday or a higher wage so the holiday pay is 'inclusive'
Let's bomb Russia!

Martinus

I guess I'm with CC and don't see the difference between full time by the hour and salaried employee then. :P

CountDeMoney

Quote from: crazy canuck on November 21, 2014, 10:34:51 AM
Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.

There really is none, at least for full time employees.

Part of the problem is that in common usage people have come to assume that a salaried worker is a manager.  You can see that mistake being made in this thread by some.  But, of course, that is not necessarily so.   The misconception is buttressed by the fact that a managerial employee would never be paid by the hour (unless the employer decideds to do so against their own interest) because a manager would be exempt from hours of work regulations.

Hourly employees are usually--but not always--a result of shift work.  Even a non-managerial 40-hour M-F day-only employee winds up being salaried, if only because there's no need to compute things like hour rates for holidays worked, shift differentials and the like.

crazy canuck

Quote from: Martinus on November 21, 2014, 10:36:30 AM
Quote from: crazy canuck on November 21, 2014, 10:35:33 AM
Quote from: Martinus on November 21, 2014, 10:27:49 AM
Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.
I also assume a full-time hourly employee has no paid holiday.

Certainly not here.

How would an employee paid by an hour have paid holiday?  :huh:

I dont understand the issue you are having.  The statute requires that all employees be provided x amount of vacation pay annually.  X is calculated as a percentage of annual income.  Typically either 4% or 6% depending on years of service. 

In the case of an hourly employee who doesnt work full time the calculation is made on the basis of part time hours.  But that is the same as a salaried worker who works part time.

The only really tricky cases involve employees paid on commission. But that isnt relevant to our present discussion.

CountDeMoney

Quote from: Martinus on November 21, 2014, 10:44:05 AM
I guess I'm with CC and don't see the difference between full time by the hour and salaried employee then. :P

Full-time hourly = we're not going to allow you to work overtime. 
Full-time salaried = we're not going to pay you any overtime, ever.

crazy canuck

Quote from: CountDeMoney on November 21, 2014, 10:47:25 AM
Quote from: crazy canuck on November 21, 2014, 10:34:51 AM
Quote from: Baron von Schtinkenbutt on November 21, 2014, 10:24:25 AM
I'm still confused as to the difference between a full-time hourly employee and a non-exempt salaried employee.

There really is none, at least for full time employees.

Part of the problem is that in common usage people have come to assume that a salaried worker is a manager.  You can see that mistake being made in this thread by some.  But, of course, that is not necessarily so.   The misconception is buttressed by the fact that a managerial employee would never be paid by the hour (unless the employer decideds to do so against their own interest) because a manager would be exempt from hours of work regulations.

Hourly employees are usually--but not always--a result of shift work.  Even a non-managerial 40-hour M-F day-only employee winds up being salaried, if only because there's no need to compute things like hour rates for holidays worked, shift differentials and the like.

Yeah, exactly  :)

crazy canuck

Quote from: CountDeMoney on November 21, 2014, 10:50:10 AM
Quote from: Martinus on November 21, 2014, 10:44:05 AM
I guess I'm with CC and don't see the difference between full time by the hour and salaried employee then. :P

Full-time hourly = we're not going to allow you to work overtime. 
Full-time salaried = we're not going to pay you any overtime, ever.

Not quite.  Now that the issue has been clarified the circumstance in the US is similar to Canada in that being salaried doesnt decide the issue.  The question is whether the position is exempt from the requirement to pay overtime (normally because it is in the nature of a management position but there are other exemptions).