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View Poll Results: do you offer your employees benefits.
no 10 47.62%
health insurance only 1 4.76%
health, and 401k 1 4.76%
health, 401k, vacation, etc. 9 42.86%
Voters: 21. You may not vote on this poll

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  #11  
Old 05-07-2002, 08:01 AM
John Allin John Allin is offline
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Location: Erie, PA
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Ohiolawnguy......

I looked up the laws in the PA Employment Guide (we have a copy of all the pertinant employment laws), and it would appear that LawnLad is correct (learn something new every day!!)

I should think that you might want to ask what the gross sales are of the company you work for..... it they are above $250K, you should be getting OT after 40 hours. And the governmental agencies take a very dim view of companies that don't follow dem der rules.....
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  #12  
Old 05-07-2002, 08:31 AM
Lanelle Lanelle is offline
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So a 'working foreman' who is on salary should be paid overtime if they work for a large enough company? This is getting confusing.
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  #13  
Old 05-07-2002, 08:39 AM
LawnLad LawnLad is offline
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I was just reading a simplied version of Ohio Wage & Law - if I understand my own question from earlier, you can pay someone salary as long as their hours are irregular (not controlled by employee or employer, but by nature of the job), as long as the hours do not go over 60 hours per week, called the BELO Method. As well, the amount they are being paid per hour and time and half has to be spelled out up front in a "collective" type bargaining document. Basically an employment contract stating that this is how the person is going to be paid and that the employee and employer both agree to it. I don't believe these employees are exempt (like white collar salary workers - different litmus test). Working forepersons or supervisors do not qualify for executive exemption (paying OT) if 20% or more of their time is spent doing the work they supervise.
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  #14  
Old 05-07-2002, 05:54 PM
John from OH John from OH is offline
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LawnLad, BELO sounds like Fluctuating Work Week, also known as Chinese Overtime. Jack Mattingly presented this at an OLA Meeting a few years ago. ( I checked at that time and the information was on the Department of Labor Web Site, it was a few years ago, though.) The benefit to the employer was to reduce abuse of OT as the more OT worked, the lower the OT rate. The upside for the employee was a steady paycheck throughout the year. Anyone interested in this should check with an accountant to make sure its applicable and legal for your situation. Most accountants probably have not heard of this, mine hadn't.

In fluctuating work week, OT is paid after 40 hours. It gets somewhat complicated, OT is at 50% of the base wages for the week, base wages being the salary for the week divided by hours worked. OT is fluctuating and changes each week by the hours worked. The total amount paid must be above minimum wage. Fluctuating Work Week assumes that the employee is salaried year 'round and that the employee will have weeks under 40 hours, that is why the OT is at 1/2 time and not at 1 1/2 time.


For example, lets assume a $400 per week salary
30 hours = $400
40 hours = $400
50 hours =$400, plus $40 (10 hrs of OT @ $4/ hr, $400/50*.5)
60 hours =$400, plus $66.80 (20 hrs OT@ $3.34/hr, $400/60*.5)


Regarding OT exemptions, they should be listed on your State and Federal Labor Law poster or on the combined Federal/ State poster that you are supposed to have on display for your employees.
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  #15  
Old 05-07-2002, 07:31 PM
ohiolawnguy ohiolawnguy is offline
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Join Date: Dec 2001
Location: Akron, Ohio
Posts: 391
wow these laws can certainly be confusing with regards to the overtime situation.
Last night, I visited the Ohio Bureau of Employment services website, and it said that overtime was required if an employer had gross sales of over $150,000,and not the $250,000 you guys had mentioned. the only exception they mentioned was with regards to farm work.

(i was already aware of the $2.13 an hour a waiter/waitress makes, and they also must claim a minimum of 8% of their sales as their tip income each night. regrdless of whether they make hat much or not. remember that the next time you eat at a restaraunt and your servce is up to or above expectations. they live on tips-literally. the wages only pay their electric bill.)

either way, I don't have any intention of turning him in for it. I am just slowly losing my interest in continuing to work there. i already let him know that i wasn't happy about the whole situation.
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  #16  
Old 05-07-2002, 07:59 PM
LawnLad LawnLad is offline
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Location: Cleveland, Ohio
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John - BELO is different than your example. As you mentioned, there is "Regular Rate of Pay for Fixed Salary for Fluctuating Hours" which goes through the screwy math of figuring out overtime. The flucuating hours or Chinese OT was the example previous to this in the book. The excerpt is below:

"The Belo Method enables the employer to pay the employee a fixed weekly salary for up to 60 hours/week with built in overtime if certain criteria are met:

1) There must be an individual or collectively bargained agreement, preferably in writing

2) The fluctuation in hours must be a function of the job requirements and beyond the control of both the employer and employee

3) The duties of the job necessitate irregular hours of work (employees must sometimes work over 40 hours of per week and sometime under 40 hours per week, thus when the employees work at least 40 hours each week, but overtime hours vary, the employee has not met the irregular hours requirement).

4) THe contract must speicify a regular hourly rate and a time-and-a-half rate for all hours over 40 worked in a week; and

5) The contract must guarantee the payment of a weekly amount for a specified number of hours per week not to exceed 60 hours."
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  #17  
Old 05-11-2002, 11:04 AM
John Allin John Allin is offline
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Whew....

Anybody ELSE get a headache after reading all this ???
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  #18  
Old 05-26-2002, 09:43 AM
brentsawyer's Avatar
brentsawyer brentsawyer is offline
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Location: Lexington, KY 6
Posts: 663
Go to your local library of bookstore and look into books that discuss the issue of how to negotiate a raise of better benefits. Read it, practice it beforehand and use it. The more you educate yourself on the subject, the better chance you have of getting what your worth. The advice you receive there will be miles ahead of anyhting I or probably anyone else here can offer.
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