Film-Tech Forum ARCHIVE: Overtime for hourly staff

This is topic Overtime for hourly staff in forum Ground Level at Film-Tech Forum ARCHIVE.

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Posted by Tony Monje (Member # 2775) on 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.

Posted by Louis Bornwasser (Member # 3063) on 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

Posted by Chad M Calpito (Member # 3736) on 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.

Posted by Steve Guttag (Member # 268) on 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.

Posted by Tony Monje (Member # 2775) on 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 ]

Posted by Chris Slycord (Member # 4239) on 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.

Posted by Tim Asten (Member # 4051) on 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.

Posted by Monte L Fullmer (Member # 2797) on 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.

Posted by Bill Gabel (Member # 1105) on 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.

Posted by Ron Funderburg (Member # 4561) on 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!

Posted by Monte L Fullmer (Member # 2797) on 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!

Posted by Tony Monje (Member # 2775) on 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.

Posted by Ron Funderburg (Member # 4561) on 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).

Posted by Chris Slycord (Member # 4239) on 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.

Posted by Monte L Fullmer (Member # 2797) on 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

Posted by Chris Slycord (Member # 4239) on 01-03-2008, 09:18 PM:

quote: Monte L Fullmer
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.

The only way a state could allow someone to be paid less than federal minimum wage is if the employee was exempt from the federal minimum but not the state minimum.

But if you are subject to both then you will always be given the higher of the 2.

Also, states can specify a higher min than federal but also have "subminimum" classes that are, still, higher than federal.

Posted by Louis Bornwasser (Member # 3063) on 01-04-2008, 08:37 AM:

As an employeer, the more I pay, the more excellence I can expect from my employees. This is because I can attract better people.

My experience in cinemas is that very low paid people are unmotivated and with an attitude to boot. Not only that but better paid, highly motivated people generally do a better job, are self starting, and work better both as team members, but also as "company" people. A good balance should cost no more than a whole lot of cheaper workers. (Just ask Costco...they pay more than most other retail.) Louis

Posted by Monte L Fullmer (Member # 2797) on 01-04-2008, 12:34 PM:

It's the old marketing ploy: "You get what you pay for." A career occupation against the "McJob" occupation.

And if the mgr also has been trained in the "McJob" mode, you DEFINITELY will get what you pay for.

Posted by Ron Funderburg (Member # 4561) on 01-04-2008, 02:42 PM:

It is a sad fact that movie theaters have always paid on the low side to workers, managers and outside the union projectionist to projection as well. I have done this from 1972 and I have done other things at the same time to supplement my income. Now when I was in really busy theaters often the commission more than made up for the weekly pay rate. I don't have a commission with my current employers when I owned theaters I always paid commission I felt it helped out the employee and made them a better manager of people and they certainly watched to be sure shortages didn't happen then as well.

I don't know what will happen in the future of this business certainly the new minimum wage laws over the next two years will have us paying the employees more, the sad truth is when the minimum wage went up (by about 11%) I got nothing extra to my pay. I asked about this and was told you don't make minimum you make more to which I answered so I'm now 11% behind where I was! Still I didn't get a raise!

I have to wonder how many other managers didn't get an increase when all the other employees got an increase. That is a problem I see with minimum wage in the old days (OH LORD) 70's and 80's, the folks I worked for then gave me an increase in salary of the same % as the increase in minimum wage but now I don't know that it happens.

Or am I all wet?

Posted by Louis Bornwasser (Member # 3063) on 01-04-2008, 09:07 PM:

No, you are right. Perhaps we will soon see managers paid the same as new staff members. Louis

Posted by Scott McGuire (Member # 4508) on 01-05-2008, 02:35 AM:

In the past i had a job that started at min wage and i was given a raise for every 6 months of service. I was there for 3 years and due to min wage increases in NY a new hire was making exactly the same amount that i was despite my time of service. this pretty much negated all of the 6 raised i had been given. It made sense to me that i should be making the same percentage higer than min wage that i was when min wage went up, it didn't seem to make sense to the employer however. after a bit of an argument about this i quit. it really mabe me angry that a person on their firts day was making the same wage as i was even though i had been given all those raises.

Posted by Monte L Fullmer (Member # 2797) on 01-05-2008, 02:56 AM:

Gee, by 2009 when min wage hit's 7.25s/hr .. wonder what the price of a tix would be then, let alone what mgrs and ast.mgrs. gonna make?

Posted by Scott McGuire (Member # 4508) on 01-05-2008, 04:09 AM:

It is already at 7 something in NY. don't make min wage any more so i'm not exactly sure what it is.

Posted by Adam Martin (Member # 641) on 01-05-2008, 10:34 AM:

quote: Monte Fullmer
when min wage hit's 7.25s/hr .. wonder what ... mgrs and ast.mgrs. gonna make?

Why, $7.50, of course! [Devil]

Posted by Monte L Fullmer (Member # 2797) on 01-06-2008, 03:16 AM:

fully agree..think that they're gonna get a break in making a decent salary in the future? NOT!

Posted by James Westbrook (Member # 3690) on 01-07-2008, 03:34 PM:

I know of a manager, working out of Ohio at the time, who lost an assistant because the assistant got a job at Church's Fried Chicken for $10 an hour...starting wage. This was in the late 90's.