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Author Topic: Overtime compensation laws Jason Black Phenomenal Film Handler Posts: 1723 From: Myrtle Beach, SC, USA Registered: Nov 2000 posted 11-12-2004 09:49 PM                        BUMPING this back for conversation... Has anyone else in theatre operations/management had to alter the method of payment for any salaried personnel due to implemenation of the FairPay Act adopted 8/23/04? From all I have been able to decipher under the FLSA & DOL sites, the theatre industry continues to carry the exemption from overtime payment. Anyone have any words of wisdom?  |  IP: Logged Chase Hanson Expert Film Handler Posts: 172 From: San Diego, CA Registered: Oct 2004 posted 11-13-2004 02:34 AM                     Well I know that "WE" do pay out OT, it appears to be mandated specifically for the Entertainment Industry in California. We also pretty much have no manager on Salary anymore, I imagine this is because the Fairpay Act, although from what I understood when all the math was done Salary and Wage managers were making about the same amount of money.  |  IP: Logged Jason Black Phenomenal Film Handler Posts: 1723 From: Myrtle Beach, SC, USA Registered: Nov 2000 posted 11-13-2004 10:48 AM                        Chase, Rest assured that any time you compare a salaried position over an hourly position, the hourly position damn near always equates to better pay for the time worked, at least in this business... Hell, with the increase to $455/wk, I'd rather be an asst and know that I would only work 40/hrs week. Nothing like an hour decrease with a pay increase!!  |  IP: Logged Chase Hanson Expert Film Handler Posts: 172 From: San Diego, CA Registered: Oct 2004 posted 11-13-2004 12:28 PM                     Well One is infinitely scalable one isnt. The purpose of the comparison was to see (because we were curious) that the IRL figures were roughly comperable (I think they were comparing 50/hr work weeks). Its pretty rare to find a salaried spot in this business that is reasonable compensation for the amount of work you do.  |  IP: Logged Dustin Mitchell Phenomenal Film Handler Posts: 1865 From: Mondovi, WI, USA Registered: Mar 2000 posted 11-13-2004 12:31 PM                     Jason, I've come to the same conclusion as you from examination of the laws (www.dol.gov). Our home office apparantly has a different opinion on the matter .  |  IP: Logged Jason Black Phenomenal Film Handler Posts: 1723 From: Myrtle Beach, SC, USA Registered: Nov 2000 posted 11-13-2004 12:59 PM                        Whay aren't you at work? LOL.. I tried calling you last night and just a few minutes ago... Fair Pay Act FairPay DOL's FairPay Overtime Initiative Secretary's Video Welcome to the FairPay Web site. It's designed to help you understand the Department's new FairPay rules that strengthen overtime protections. Under the new FairPay rules, workers earning less than $23,660 per year — or $455 per week — are guaranteed overtime protection. This will strengthen overtime rights for 6.7 million American workers, including 1.3 million low-wage workers who were denied overtime under the old rules. Learn More About FairPay The effective date of the regulations is August 23, 2004. Click on any of the seminars below to learn more about the new "white collar" regulations. The seminar can be paused or forwarded just like a VCR or DVD. Click on the underlined words in the slides and script for links to the regulatory text, preamble, fact sheets and other related documents. For optimal viewing, set your screen size to 1024 X 768. You can also download this seminar for your own training event.  |  IP: Logged Chris Medley Expert Film Handler Posts: 180 From: McKinney, TX, USA Registered: Jan 2004 posted 11-15-2004 08:53 AM                        We will never...ever...ever get overtime as long as NATO as lobbyists in Congress. The theater chains would actually have to allow for a decent staff level and pay grade so that only forty hours for the employees would still cover everything. During the summer I don't remember seeing a week under 45 hours and that is a conservative estimate. If we all got paid 1.5x for our overtime then the chains would loose millions in extra payroll..a cost they just can't except.  |  IP: Logged Dustin Mitchell Phenomenal Film Handler Posts: 1865 From: Mondovi, WI, USA Registered: Mar 2000 posted 11-15-2004 07:21 PM                     Chris, as mentioned the company I work for is under the impression that the Fairpay Act over-rides the Fair Labor Standards Act and specificaly the theatre employee exemption clause. I (and apparantly Jason) think they are wrong. From what I can tell Fairpay augments/changes but does not replace the FSLA. Point being that as far as my company is concerned there is a such thing as overtime now, hence no employees (outside of exempt managers) can work over 40 hours a week. I do not see the issue though, only a couple of times have I had floor staff work over 40 hours and when it happened it was because they traded shifts to get that many hours, they weren't scheduled. I really see no reason why a properly staffed theatre would need to work floorstaff more than 40 hours a week. Now weekend/holiday pay, THAT would hurt theatres. Alas I do not think that (at least on a federal level) weekend/holiday pay is the law for anyone.  |  IP: Logged Jason Black Phenomenal Film Handler Posts: 1723 From: Myrtle Beach, SC, USA Registered: Nov 2000 posted 11-15-2004 08:42 PM                        Dustin, The problem lies in the fact that no one at the HO fully understands the ramifications of this new law. Converting to a straight 40 over salary is not the way to 'circumvent' this new act, IMO. I won't go into the details here, but in the end, I see this whole process as one big, unnecessary PITA.  |  IP: Logged Lisa Cook Film Handler Posts: 4 From: Plano, TX 75093 Registered: Sep 2004 posted 11-16-2004 08:38 PM                  I have worked in three states with the same theater chain. I started in New Mexico with no 1.5 for OT. I moved to Oregon then Texas and it was the same deal. I moved back to New Mexico about a year ago and this time they DID have 1.5 for OT. I am no expert on the subject but apparently the state ammended the labor laws (or that is what everyone was saying).  |  IP: Logged Lisa Cook Film Handler Posts: 4 From: Plano, TX 75093 Registered: Sep 2004 posted 11-16-2004 08:49 PM                  I have worked in three states with the same theater chain. I started in New Mexico with no 1.5 for OT. I moved to Oregon then Texas and it was the same deal. I moved back to New Mexico about a year ago (only for 8 months)and this time they DID have 1.5 for OT. I am no expert on the subject but apparently the state ammended the labor laws (or that is what everyone was saying). On a personal note, I actually liked working at a no OT theater (I know, it sounds crazy). I like to work about 50 hours a week and that NEVER happened in N.M. We (we being the non-salary management) would get scheduled about 32-37 hours a week and no more. So I got stuck with less hours which means less money (I had a whopping 2.5 hours of OT in the 8 months I was there). I understood though...those few people getting paid that extra .5 adds up and we all know how it goes when payroll $ is tight.  |  IP: Logged David Yauch Expert Film Handler Posts: 206 From: Mesa, AZ, USA Registered: Oct 2004 posted 11-18-2004 03:39 AM                     First off, Welcome Lisa! My theatre doesn't pay overtime either, but I imagine if they did we'd just see no one getting 40 hours anymore. Of course I live in Arizona, and the chance of seeing mandated overtime anytime soon is about as good as your chances of getting struck by lightning on the way to redeeming your winning lottery ticket, it's just not going to happen. We do get 1.5 holiday pay for thanksgiving, christmas eve evening, christmas day, and the new years.  |  IP: Logged Lisa Cook Film Handler Posts: 4 From: Plano, TX 75093 Registered: Sep 2004 posted 11-20-2004 10:47 PM                  Thank you for the welcome David. I thought the same for New Mexico (of all places I lived I would have thought that the last to make 1.5 mandatory for us folks). I must say though...I love the holidays for the 1.5 because we have enough business to where that extra money isn't such an issue (and perhaps there is a hint of generosity in the air). Open to close Christmas Day & New Year's Day for me please!  |  IP: Logged

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