Hypo No 1.
Ray, a resident apartment manager at an over 16-unit complex,
is scheduled to maintain office hours form 9 a.m. to 5 p.m.
every weekday. Additionally, Ray is to show apartments to
prospective tenants from 10 a.m. to 2 p.m. every weekend.
For this, Ray is given a salary of $2,000 a month. Is there
a overtime violation?
Rational: A salary only applies to 40-hours of work
a week for all employees that are not exempt from the Labor
Code (see note below). Here, Ray's salary would only apply
to the 9 a.m. to 5 p.m. every weekday (40-hours). Thus, Ray
is not being compensated for the 10 a.m. to 2 p.m. spent on
the weekend (8 hours). Additionally, this time must be compensated
at 1.5 times the normal hourly rate, which would be $11.63
($2,000 a month / 4.3 weeks per month / 40 hours per week).
Thus, his overtime rate is $17.44 an hour.
Note: An employee
must make at least $2,322 a month to be exempt from the labor
code, and, on top of that, the employee must exercise a great
deal of independent control as a manager.
Hypo No 2.
Ray, a Resident apartment manager at an over 16-unit complex,
is scheduled to maintain office hours form 10 a.m. to 3:30
p.m. every day, including the weekends. This works out to
just under 40-hours per week. Ray's employer keeps time records
and pays Ray $6.75 per every hour worked. Is there a violation?
Rational: A employer is required to pay an employee
overtime (time-and-a-half) for every hour worked on the seventh
consecutive day in any given workweek. Here, Ray is employed
seven-days a week, thus, for one of those days, Ray should
be compensated $10.12 per hour.