Where and how do you work? The economics and culture of employment.

The Something Awful Forums > Discussion > Debate & Discussion > Where and how do you work? The economics and culture of employment.

Foxfire_: Nov 8, 2010

Star Man posted:

I'm not even in the job yet, so I will have to see. Right now I'm a seasonal parks worker for the city and this driving job starts in October.

It's $120 per day and will likely go up probably after Christmas. So, presuming that's eight hours per day, it will come out to $15 per hour. I know that I will be delivering on Saturdays between Thanksgiving and Christmas, but I'm sure there some loophole that gets them out of paying overtime. I suppose I'm being paid salary instead of hourly.

It's not a job with FedEx itself, but a contractor that uses all of their branding and uniforms. The contractor I'm working for is based in Nebraska. I'll know more when things get closer to starting. It just sucks that he does poo poo to rip people off and I think that's why the person whose route I'll be taking is quitting because he's done it for several years and is going nowhere with it and is moving to St. Louis.

I know that I'm getting screwed too, but I'm in a position where all I can do is grin and bear. I had to move back home from Denver in February 2017 because my father died and my cheap place to live got sold in January and I had just finished my undergrad in December 2016. I had nothing. I just have to put up with it long enough to get my credit card debt erased, save up at least $10,000 while I live at home for free, and get back to Denver in early 2020. I just can't find anything where I live in Wyoming and can't even land an interview in anything relavant to my degree that's hiring to build up experience.

Salary vs not-salary isn't a distinction in US federal labor law. You are almost certainly not exempt from overtime regulations (for one thing, you don't meet the $913/week min pay requirement).

As far as the law is concerned, (1) you have an hourly rate which must be greater than minimum wage and (2) anything past 40 hours/workweek must be paid at 1.5X your hourly rate.

If your hours are consistent, your employer can math their way to an effective $120/day, but if you work extra some days, they owe you more.

Example:
- Boss wants to effectively pay $120/day for 5x 10 hour days
- They agree to pay you $92.30/day
- $92.30/day * 5 days/50 hours => your base hourly rate is $9.23/hour (> min wage, so legal)
- $92.30/day * 5 days = $461 base pay
- $9.23/hour * time-and-a-half * 10 hours overtime = $138 overtime
- $599 total pay

But if on Friday they decide they actually want you to do a 12 hour shift:
- $92.30/day * 5 days/52 hours => your base hourly rate is now $8.87/hour (not legal in Nebraska, but ignore that for the example)
- $92.30 * 5 days = $461 base pay
- $8.87/hour * 1.5 * 12 hours overtime = $160
- $621 total pay

(Practically, if they end up trying to cheat you but you really need the job, I'd document hours well, ask questions about how you're paid to try to get something incriminating in writing, then make a wage theft claim after you leave and have something else lined up)

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The Something Awful Forums > Discussion > Debate & Discussion > Where and how do you work? The economics and culture of employment.