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Anonymous
Anonymous asked in Business & FinanceCareers & EmploymentLaw & Legal · 9 months ago

How is it that companies are able to get away with not paying O.T. after 40 hours/wk? Isn't that the law? Is it a 'seasonal' status loophole?

Update:

The company sparking this question is Six Flags amusement parks. On the website Indeed dot com, multiple employees have griped about having to work mandatory 40+ hours without O.T. pay. So Six Flags is getting away with it somehow. And like many businesses, they apparently get away with laying people off without their unemployment insurance rates going up by calling them 'temps' or 'seasonal' from the minute they hire in.

8 Answers

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  • 9 months ago

    Read the legal decision to understand how it worked. They were relying on an old precedent which stated they were required to pay overtime if seasonal, or operating under 150 days per year...

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  • Judy
    Lv 7
    9 months ago

    Not all employers or all employees are covered by that law. And some either misunderstand or ignore it. But no, seasonal makes no difference. Give A Hunch best answer for his/her excellent info.

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  • Anonymous
    9 months ago

    Depends where you live. In the US, you have both Federal and state laws to look at.

    Federal labor law on overtime:

    The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

    The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

    https://www.dol.gov/whd/overtime_pay.htm

    State laws can be more restrictive on when OT must be paid.

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  • 9 months ago

    maybe you should talk to a lawyer about it

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  • 9 months ago

    If an employee is paid on an hourly basis, they are typically governed by overtime regulations. The exception would be agriculture, trucking, and a few other industries.

    Additionally, some employees who are paid on a salary basis are also eligible for overtime. This is called "salaried non-exempt".

    As well as independent contractors are also not covered by overtime regulations.

    However, a employer work week does not need to be a calendar week. It can be any 7 day period that is non-fluctuating. It might start at Wednesday at noon and going until the following Wednesday at 11:59am.

    - employees working for the same company also don't need to have the same work week for payroll. This is most often seen in companies that work 24/7 and have a lot of various work shifts, like in a hospital.

    If you are working overtime and not getting paid for it, you can file a claim with your state's wage and hour law or with the Federal Department of Labor (if your state doesn't have their own agency).

    It does not matter that you are a seasonal employee. Just that your job is governed by the Federal Labor Standard Enforcement Act and/or your state's similar law.

    In response to the comments:

    Six Flags predominately hires seasonal because they have very reduced employment needs in the off-season. In some parks they may even close during the week.

    I read all the reviews on Indeed for the various Six Flags parks. Most of the reviews were positive and I didn't see on that complained they were not paid over overtime worked. I also would be surprised if the review is accurate that Six Flags is not paying correctly.

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  • Anonymous
    9 months ago

    I think most do in fact get overtime. Except maybe for really small companies or exempt managers.

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  • 9 months ago

    They get away with it because the fines are low enough to take the risk. But large companies usually do not do that with hourly employees. You have to realize that people can be classified as salaried and as such they get paid for the job, whether it takes forty hours or sixty hours.

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  • P
    Lv 7
    9 months ago

    The overtime law in the USA is not that simple. Only certain types of employees qualify for overtime over 40 hours. Many people are considered "exempt" from overtime per the law. That said it's common for employers to misinterpret the law and bend the rules so you should try to understand on your own how it applies to you. I'm not aware of a seasonal loophole, however such employees are often hired as contractors and are not considered a real employees which can create an exception for the employer.

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