# Overtime



## panini (Jul 28, 2001)

What's your thoughts since they specifically mention hospitality workers such as chefs, cooks and such.


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## chefmikesworld (Nov 17, 2002)

This is a good topic...

I have been wondering how this was going to affect us...I do not think that they are going to affect me personally, but I think that it may have an impact on the industry in general to a degree...

A large percentage of our workforce makes under the 23,700 that the law is specifying so I do not think that that is going to affect them that much. As far as chef's and management, most of our workforce is salaried, so then again I don't think there will be much of an impact there either...but there are a good amount of workers that work hourly (and some a ton of them) that if their current overtime status takes them past the 24K as specified, then it is going to affect them and I can foresee management in some areas taking advantage of this unfortunately....

I have major issues with the law, none of which I will discuss here but knowing that the more people work in the hospitality industry then any other industry in the US it is bound to have an impact...

Just Cheffy's two cents...

Chef Mike


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## mezzaluna (Aug 29, 2000)

I'm also interested to hear what those of you in the business think. My governor today announced he is ignoring the federal rules and things will stay the same in Wisconsin- for the time being. Employers have had 30 years to deal with this, so the status quo is not alien to them. 

The way I see it, more people will be screwed with the new federal rules than wil l be helped. There are plenty of "managers" of food and beverage operations, discount stores, etc. who are salaried but making ends meet with overtime, but with these new rules, they will lose out.


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## jim berman (Oct 28, 1999)

From what I hear/read today, it appears that those individuals that will 'lose' the overtime, really only lose the Legal Right under the Uniform Labor Code to sue for premium pay. Rather, employers may still offer it and employees may still require it. I think the implications of this change in the law are far sweeping and have not yet been fully realized. 
Was everybody aware that even a MENTION of being supervisor in a job description is adequate grounds to withhold overtime pay?


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## chefmikesworld (Nov 17, 2002)

We just posted an interesting article on the overtime law and NRA's recognition...

http://www.restaurantedge.com/index....s=1&newsid=809

I think this is going to cause a ruckus...

Cheffy


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## kuan (Jun 11, 2001)

Not exactly accurate Jim. From the dol.gov website:

So you have to make more than $455/week.

You have to manage a department, such as banquet sous chef or banquet chef.

You have to have at least two cooks under you

You have to have the ability to hire and fire those two cooks under you

So how to get around it? Fire one of the cooks and do all the work yourself! 

Just kidding of course. On one hand, it makes a lot of lower income wage earners automatically eligible for overtime. On the other, I've never worked a place where anyone was overtly told that they had to work more than 40/wk without overtime no matter what their payscale.

I don't like it that Nurses are exempt from overtime, specifically RN's, not LPN's. Chefs are exempt too, but since most of us were salaried/bonus anyway I don't think it affects us much. Were we ever eligible for overtime as salaried workers?

Edit: Teachers are exempt too? Lame...


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## chefmikesworld (Nov 17, 2002)

kuan said:


> From the dol.gov website:
> 
> Hey Kuan,
> 
> ...


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## kuan (Jun 11, 2001)

This is the main overview.

http://www.dol.gov/esa/regs/complian...irpay/main.htm

Halfway down there's a category called fact sheets. For example, here's the factsheet that provides guidelines for professionals:

http://www.dol.gov/esa/regs/complian...ofessional.htm

Kuan


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## chefmikesworld (Nov 17, 2002)

I just posted this on the website and found the article quite interesting, especially since they are targeting the almighty Chef again...

Read the News Article

Cheffy


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