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Author Topic: Overtime for hourly staff Tony Monje Film Handler Posts: 15 From: Weatherford, TX 76087, TX Registered: Oct 2004 posted 01-02-2008 06:14 AM                     I am curious if there are any theatres out there that do pay overtime (time + 1/2) to their hourly employees if they work over 40 hours? Also, what holidays are recognized as holiday pay (time + 1/2)? Thank you for your input.  |  IP: Logged Louis Bornwasser Film God Posts: 4441 From: prospect ky usa Registered: Mar 2005 posted 01-02-2008 09:11 AM                        I believe that Kentucky is typical of most states: time and a half from 40-48 hours and double time after that: STATE LAW. Louis  |  IP: Logged Chad M Calpito Master Film Handler Posts: 435 From: San Diego, CA Registered: Apr 2006 posted 01-02-2008 10:00 AM                        Here in California, it's State Law that hourly employees get paid (time + 1/2) in overtime pay. With regards to Holiday pay, Pacific Theatres does the Holiday Pay on Thanksgiving Day and Christmas Day only, but, in order to get the Holiday Pay, an employee must be scheduled to work that day and work the shift.  |  IP: Logged Steve Guttag We forgot the crackers Gromit!!! Posts: 12814 From: Annapolis, MD Registered: Dec 1999 posted 01-02-2008 10:03 AM                     It varies from state-to-state and sometimes cities. Most theatre owners I know don't pay overtime to floor staff if not required by law...they would just have another employee work those hours. Now sometimes, during holiday periods, it might come to needing one to work over 40-Hours. I've known some companies that have theatres in multiple jurisdictions and paid it when required by law and not paid it in other jurisdictions. Just as often, I've seen them pay the same across the company. I have not seen the DT for 48-hours thing that Louis mentioned. Now different job classifications my have more inherent perks within a specific company. But that is up to the company. As to Holidays...those are completely up to the company. The Federal government has their holidays that many follow, to some degree. The entertainment industry generally has taken the view that THOSE are the days that they NEED to be open and are prime work days thus no holiday pay. Notable exceptions are often in Union contracts where, like OT and DT pay, specific holiday pay is covered. One often misunderstood think is OT pay for salaried workers. It is a common misbelief that a salaried worker is not entitled to OT pay for time worked in excess of 40-hours. In fact, it depends on the state/city laws to determine whom is entitled. I would encourage all to read their local, state and federal labor laws to ensure they are being compensated for fairly.  |  IP: Logged Tony Monje Film Handler Posts: 15 From: Weatherford, TX 76087, TX Registered: Oct 2004 posted 01-02-2008 10:47 AM                     In the past, we have always paid OT (time + 1/2) in the event any hourly employee worked over 40 hours, and we had recognized all Federally recognized holiday as time + 1/2 for any hourly employees working those days. I just happened upon what I believe is a National Government web site that says, specifically, that "motion picture theater employees" are exempt from OT pay. this was a surprise to me. That web site is: http://www.dol.gov/elaws/esa/flsa/screen75.asp I imagine that any theater can take that exemption if they wish to, my problem is enticing workers to a job at a cinema as opposed to working anywhere else, such as a fast food joint, etc., that would pay OT if they worked over 40 hours. [ 01-05-2008, 06:54 AM: Message edited by: Tony Monje ]  |  IP: Logged Chris Slycord Film God Posts: 2986 From: 퍼항시, 경상푹도, South Korea Registered: Mar 2007 posted 01-02-2008 12:19 PM                     quote: Louis Bornwasser I believe that Kentucky is typical of most states: time and a half from 40-48 hours and double time after that: STATE LAW. Louis Most states give you time and a half for anything above 40 per week.  |  IP: Logged Tim Asten Film Handler Posts: 98 From: Brighton, United Kingdom Registered: Nov 2006 posted 01-02-2008 01:26 PM                     At our Cineworld cinema here in England, we get double time for hours after midnight and time and a half for national Bank Holidays such as New Years day and Boxing day etc.  |  IP: Logged Monte L Fullmer Film God Posts: 8367 From: Nampa, Idaho, USA Registered: Nov 2004 posted 01-02-2008 01:40 PM                     Why the majority of your large circuits really crank down on their managers to ensure that no one get's paid overtime. The usual norm for maximum hours is usually 38 to 39 hrs/week. Paying out overtime is wasting money for the theatre industry since there is no product being made and sold for profit as with manufacturing industries. We're just another service based industry that caters to the public like fast foods,"big box" enterprises and the like.  |  IP: Logged Bill Gabel Film God Posts: 3873 From: Technicolor / Postworks NY, USA Registered: Jan 2002 posted 01-02-2008 02:08 PM                     Some Union contracts with chains in Los Angeles paid daytime overtime for shows starting before 12 noon and finishing after midnight.  |  IP: Logged Ron Funderburg Jedi Master Film Handler Posts: 814 From: Chickasha, Oklahoma, USA Registered: Nov 2007 posted 01-02-2008 04:11 PM                        We pay overtime on all hours over 40 but we do not pay a holiday rate! Now if I have people working overtime I will be in serious trouble! In fact we have an un-written rule that employees should be under 32 hours as if they work 32 hours on a regular basis they can claim full time employment! Most of our rules are un-written rules as two of the three owners are lawyers and don't like to put things in writing! Tony Federal rules only apply if they are stricter rules than the state and local and most states don't allow an exceptions for theaters anymore!  |  IP: Logged Monte L Fullmer Film God Posts: 8367 From: Nampa, Idaho, USA Registered: Nov 2004 posted 01-03-2008 02:47 PM                     quote: ....as two of the three owners are lawyers and don't like to put things in writing! the WORST type of theatre owners! I pity the employees who work under these conditions!  |  IP: Logged Tony Monje Film Handler Posts: 15 From: Weatherford, TX 76087, TX Registered: Oct 2004 posted 01-03-2008 03:17 PM                     Tony Federal rules only apply if they are stricter rules than the state and local and most states don't allow an exceptions for theaters anymore! Apparently Texas still observes this exception.  |  IP: Logged Ron Funderburg Jedi Master Film Handler Posts: 814 From: Chickasha, Oklahoma, USA Registered: Nov 2007 posted 01-03-2008 03:58 PM                        Monte, I have only worked for them for a bit over a hear and a half and have formed no opinion of the long term yet! Well is that non committal enough? LOL I love my job at least I like the pay (not love it isn't that much).  |  IP: Logged Chris Slycord Film God Posts: 2986 From: 퍼항시, 경상푹도, South Korea Registered: Mar 2007 posted 01-03-2008 08:15 PM                     quote: Tony Federal rules only apply if they are stricter rules than the state and local and most states don't allow an exceptions for theaters anymore! You're describing this poorly. The Federal rules always apply. For instance, no one can make less than the federal minimum wage. On the other hand, if a state has a stricter rule then it will apply.  |  IP: Logged Monte L Fullmer Film God Posts: 8367 From: Nampa, Idaho, USA Registered: Nov 2004 posted 01-03-2008 08:27 PM                     quote: Ron Funderburg I love my job at least I like the pay (not love it isn't that much). Sorry on this in being so brash in my statement - just that I've seen operations like this operated by those who only knows the value of numbers. But, true, if you have no complaints and the bottom line is happy on what you do (and getting the paychecks to satisfy your needs) .. that's all what counts. My apologies, once again quote: Chris Slycord if a state has a stricter rule then it will apply. like some states will allow lower subminimum pay scales, but the restriction on using these lower pay rates are too much of a hassle, and even with legal issues, to where the employer will go the easy route and follow fed min payscale rulings. - Monte  |  IP: Logged

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