Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 , Don't be so quick to claim the non-legal nature of this...I can think of several circumstances in which Wayne's scenario would be completely legal and viable alternatives to pay people...up until the part where they top 40 hours and don't pay OT....if the person does not meet one of the salary tests... BTW, shamless plug coming...Wes Ogilvie and I will be speaking to these very issues on Monday of the State Conference from 1100 to 1200....we have a fun time and provide a TON of information on wage and hour as well as other topics... Sorry...couldn't avoid that. Dudley Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 , Don't be so quick to claim the non-legal nature of this...I can think of several circumstances in which Wayne's scenario would be completely legal and viable alternatives to pay people...up until the part where they top 40 hours and don't pay OT....if the person does not meet one of the salary tests... BTW, shamless plug coming...Wes Ogilvie and I will be speaking to these very issues on Monday of the State Conference from 1100 to 1200....we have a fun time and provide a TON of information on wage and hour as well as other topics... Sorry...couldn't avoid that. Dudley Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 A shameless plug... how LAWYERLY.... ;-) Please join me as I induct Dudley into the bar. Such a lack of shame cannot go unrecognized or unpunished. -Wes Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 A shameless plug... how LAWYERLY.... ;-) Please join me as I induct Dudley into the bar. Such a lack of shame cannot go unrecognized or unpunished. -Wes Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 A shameless plug... how LAWYERLY.... ;-) Please join me as I induct Dudley into the bar. Such a lack of shame cannot go unrecognized or unpunished. -Wes Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 That settles it, Dudley's buying! Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 That settles it, Dudley's buying! Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 That settles it, Dudley's buying! Re: Pay Question Wayne This is not legal at all. Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. (i.e. fire departments) There are several private ambualnce providers in Houston which do not pay OT over 40. They are cheating their employees. If you are not getting paid overtime and you are working 41 hours or more contact TWC. They will exercise their position and get you the money you deserve. And, TWC will do it for free. Don't get cheated and don't work for anyone who is not going to pay you over time. If anyone needs the number to TWC or to a very good labor attorney, simply replay and say I want that information and I will post it. (i just dont have it right now) I encourage everyone to attend the TAA meetings in South Padre. About two years ago, they had a speaker who spoke directly about this subject. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 Only to the lawyer-bashers on here. And a bit of harmless self-deprecation never hurt anyone..... -Wes Re: Pay Question In a message dated 11/8/2005 2:37:56 P.M. Central Standard Time, ExLngHrn@... writes: A shameless plug... how LAWYERLY.... ;-) Please join me as I induct Dudley into the bar. Such a lack of shame cannot go unrecognized or unpunished. And entry to the Bar is punishment? Louis N. Molino, Sr., CET FF/NREMT-B/FSI/EMSI LNMolino@... (Office) (Cell Phone) (Office Fax) " A Texan with a Jersey Attitude " The comments contained in this E-mail are the opinions of the author and the author alone. I in no way ever intend to speak for any person or organization that I am in any way whatsoever involved or associated with unless I specifically state that I am doing so. Further this E-mail is intended only for its stated recipient and may contain private and or confidential materials retransmission is strictly prohibited unless placed in the public domain by the original author. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 Only to the lawyer-bashers on here. And a bit of harmless self-deprecation never hurt anyone..... -Wes Re: Pay Question In a message dated 11/8/2005 2:37:56 P.M. Central Standard Time, ExLngHrn@... writes: A shameless plug... how LAWYERLY.... ;-) Please join me as I induct Dudley into the bar. Such a lack of shame cannot go unrecognized or unpunished. And entry to the Bar is punishment? Louis N. Molino, Sr., CET FF/NREMT-B/FSI/EMSI LNMolino@... (Office) (Cell Phone) (Office Fax) " A Texan with a Jersey Attitude " The comments contained in this E-mail are the opinions of the author and the author alone. I in no way ever intend to speak for any person or organization that I am in any way whatsoever involved or associated with unless I specifically state that I am doing so. Further this E-mail is intended only for its stated recipient and may contain private and or confidential materials retransmission is strictly prohibited unless placed in the public domain by the original author. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 got a story. there is a now defunct ems company who tried to avoid overtime by having two different companies on the paychecks. they paid 40 hrs/week from one company and any " what was supposed to be overtime " as straight time from the other company. it was like XXXXXX EMS and XXXX first aid squad. jim davis --- Peggy ey wrote: > This is true, but convince employers of that to > classify you different. I have been paid so many > different ways to get out of paying OT it would be > funny if it was not me and I did not have to agree > to it to have or keep a job in EMS. The next thing > is to convince the Dept of Labor of this - I have > had conversations with them about a couple of jobs - > no help there either > Peggy S. > > wrote: > This subject gets me going. > > > I read in someone else's about EMS staff being > classified as " professional staff " > > EMS staff are NOT " professional staff " . > > A " professional staff " is someone such as a > president, vice-president, doctor, attorney, CPA, > etc. A " professional staff " is someone who make > their own hours. A " professional staff " is NOT > someone who is scheduled to work an 8am to 8pm > shift on an ambulance this Friday. > > For further information on " professional staff " go > to the link below. > http://www.twc.state.tx.us/news/efte/duties_tests.html > > > A list of those that exempt from over time are at > the link below. And I bet you EMS staff are not on > the list. > http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html > > > For information on Texas Payday law and Fair Labor > Act go to the lick below. > http://www.twc.state.tx.us/ui/lablaw/lablaw.html > > > For someone who is wanting to get back overtime > wages due to them check out these guys. But, TWC is > free. I will post a few other attorney > http://www.cbandco.com/labor.html > > > If you are working over 40 hours and are not getting > paid overtime you are being cheated. Don't get > cheated out of wages contact someone today and get > the money you deserve. > > I believe everyone in EMS works hard for what we do. > We are EMS and damit give me my money. > > > > > > > > Pay Question > > > > > > I recently talked with a private service about > a > > position and was told that they pay salary, and > that > > they pay EMS personnel shift pay, as they > classify > > everyone as " professional staff " . My question > is > > this still legal? I know that by paying like > this, > > they can work you as many hrs as they wish and > still > > pay the same amount. > > > > Thanks, > > Wayne > > > > > > --------------------------------- > > Yahoo! FareChase - Search multiple travel > sites in > > one click. > > > > [Non-text portions of this message have been > > removed] > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 got a story. there is a now defunct ems company who tried to avoid overtime by having two different companies on the paychecks. they paid 40 hrs/week from one company and any " what was supposed to be overtime " as straight time from the other company. it was like XXXXXX EMS and XXXX first aid squad. jim davis --- Peggy ey wrote: > This is true, but convince employers of that to > classify you different. I have been paid so many > different ways to get out of paying OT it would be > funny if it was not me and I did not have to agree > to it to have or keep a job in EMS. The next thing > is to convince the Dept of Labor of this - I have > had conversations with them about a couple of jobs - > no help there either > Peggy S. > > wrote: > This subject gets me going. > > > I read in someone else's about EMS staff being > classified as " professional staff " > > EMS staff are NOT " professional staff " . > > A " professional staff " is someone such as a > president, vice-president, doctor, attorney, CPA, > etc. A " professional staff " is someone who make > their own hours. A " professional staff " is NOT > someone who is scheduled to work an 8am to 8pm > shift on an ambulance this Friday. > > For further information on " professional staff " go > to the link below. > http://www.twc.state.tx.us/news/efte/duties_tests.html > > > A list of those that exempt from over time are at > the link below. And I bet you EMS staff are not on > the list. > http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html > > > For information on Texas Payday law and Fair Labor > Act go to the lick below. > http://www.twc.state.tx.us/ui/lablaw/lablaw.html > > > For someone who is wanting to get back overtime > wages due to them check out these guys. But, TWC is > free. I will post a few other attorney > http://www.cbandco.com/labor.html > > > If you are working over 40 hours and are not getting > paid overtime you are being cheated. Don't get > cheated out of wages contact someone today and get > the money you deserve. > > I believe everyone in EMS works hard for what we do. > We are EMS and damit give me my money. > > > > > > > > Pay Question > > > > > > I recently talked with a private service about > a > > position and was told that they pay salary, and > that > > they pay EMS personnel shift pay, as they > classify > > everyone as " professional staff " . My question > is > > this still legal? I know that by paying like > this, > > they can work you as many hrs as they wish and > still > > pay the same amount. > > > > Thanks, > > Wayne > > > > > > --------------------------------- > > Yahoo! FareChase - Search multiple travel > sites in > > one click. > > > > [Non-text portions of this message have been > > removed] > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 got a story. there is a now defunct ems company who tried to avoid overtime by having two different companies on the paychecks. they paid 40 hrs/week from one company and any " what was supposed to be overtime " as straight time from the other company. it was like XXXXXX EMS and XXXX first aid squad. jim davis --- Peggy ey wrote: > This is true, but convince employers of that to > classify you different. I have been paid so many > different ways to get out of paying OT it would be > funny if it was not me and I did not have to agree > to it to have or keep a job in EMS. The next thing > is to convince the Dept of Labor of this - I have > had conversations with them about a couple of jobs - > no help there either > Peggy S. > > wrote: > This subject gets me going. > > > I read in someone else's about EMS staff being > classified as " professional staff " > > EMS staff are NOT " professional staff " . > > A " professional staff " is someone such as a > president, vice-president, doctor, attorney, CPA, > etc. A " professional staff " is someone who make > their own hours. A " professional staff " is NOT > someone who is scheduled to work an 8am to 8pm > shift on an ambulance this Friday. > > For further information on " professional staff " go > to the link below. > http://www.twc.state.tx.us/news/efte/duties_tests.html > > > A list of those that exempt from over time are at > the link below. And I bet you EMS staff are not on > the list. > http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html > > > For information on Texas Payday law and Fair Labor > Act go to the lick below. > http://www.twc.state.tx.us/ui/lablaw/lablaw.html > > > For someone who is wanting to get back overtime > wages due to them check out these guys. But, TWC is > free. I will post a few other attorney > http://www.cbandco.com/labor.html > > > If you are working over 40 hours and are not getting > paid overtime you are being cheated. Don't get > cheated out of wages contact someone today and get > the money you deserve. > > I believe everyone in EMS works hard for what we do. > We are EMS and damit give me my money. > > > > > > > > Pay Question > > > > > > I recently talked with a private service about > a > > position and was told that they pay salary, and > that > > they pay EMS personnel shift pay, as they > classify > > everyone as " professional staff " . My question > is > > this still legal? I know that by paying like > this, > > they can work you as many hrs as they wish and > still > > pay the same amount. > > > > Thanks, > > Wayne > > > > > > --------------------------------- > > Yahoo! FareChase - Search multiple travel > sites in > > one click. > > > > [Non-text portions of this message have been > > removed] > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 Dudley Give me one example? Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 Dudley Give me one example? Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 Dudley Give me one example? Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 8, 2005 Report Share Posted November 8, 2005 I'll try a few... 29 CFR 778.114 - Fixed salary for fluctuating hours. Overview... employee and employer have an agreement for a 'fixed' salary per week, regardless of the number of hours worked. When the employee works over 40 per week, the weekly salary is divided by the total number of hours worked, giving you the weekly hourly rate. All hours over 40 will recieve the 'half-time' premium for the overtime rate. Example. Weekly Salary = $400 Employe works 60 hours in a week. Divide 400 by 60, weekly hourly rate is 6.67 per hour. The employee is on salary for $400 for all hours worked, but receives the half time premium for 20 hours. 20 hours x 3.34 per hour. Total weekly pay 466.80. 29 CFR 553.210 - Fire protection activities. Cross Trained Firefigheter/EMT's may work any established and regularly recurring period of work which, under the terms of the Act and legislative history, cannot be less than 7 consecutive days nor more than 28 consecutive days. You do not have to have a 'contract' to apply this exemption. 29 C.F.R. 785.22 Sleep Time If an employee is on duty for a shift of 24 hours or more, the employer and employee may agree to exclude from hours worked the time spent in meal breaks and in " bona fide regularly scheduled sleeping periods " , but there is a limit of eight hours on the amount of time that can be excluded as sleeping time. Note that the courts have ruled that the agreement can be 'implied' and not in writing. Jack Pitcock EMS Division Manager Baytown Health Department EMS wrote:Dudley Give me one example? Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 jack In your example you mentioned that the employee and employer have an " agreement " , In a TWC hearing, if you have ever attended one. If there is a verbal or written agreement between two parties including an employer and employee for xyz dollars per week for xyz hours worked. An agreement will supersede any TWCs rules, unless there is a breach in the agreement by either the employer or the employee. Besides I was speaking on behalf of those that are not exempt from overtime. According to TWC fire protection service is exempt from overtime. In addition, I believe in your case you DO pay overtime for any hours WORKED over 40. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 jack In your example you mentioned that the employee and employer have an " agreement " , In a TWC hearing, if you have ever attended one. If there is a verbal or written agreement between two parties including an employer and employee for xyz dollars per week for xyz hours worked. An agreement will supersede any TWCs rules, unless there is a breach in the agreement by either the employer or the employee. Besides I was speaking on behalf of those that are not exempt from overtime. According to TWC fire protection service is exempt from overtime. In addition, I believe in your case you DO pay overtime for any hours WORKED over 40. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 Here's Dudley's comment... " Don't be so quick to claim the non-legal nature of this...I can think of several circumstances in which Wayne's scenario would be completely legal and viable alternatives to pay people...up until the part where they top 40 hours and don't pay OT.... " Read the last part of that statement. Fluctuating work week meets that criteria. You stated " Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. " The 7k exemption for Fire/Police is not dependent upon there being a 'contract in place'. Jack wrote: jack In your example you mentioned that the employee and employer have an " agreement " , In a TWC hearing, if you have ever attended one. If there is a verbal or written agreement between two parties including an employer and employee for xyz dollars per week for xyz hours worked. An agreement will supersede any TWCs rules, unless there is a breach in the agreement by either the employer or the employee. Besides I was speaking on behalf of those that are not exempt from overtime. According to TWC fire protection service is exempt from overtime. In addition, I believe in your case you DO pay overtime for any hours WORKED over 40. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 Here's Dudley's comment... " Don't be so quick to claim the non-legal nature of this...I can think of several circumstances in which Wayne's scenario would be completely legal and viable alternatives to pay people...up until the part where they top 40 hours and don't pay OT.... " Read the last part of that statement. Fluctuating work week meets that criteria. You stated " Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. " The 7k exemption for Fire/Police is not dependent upon there being a 'contract in place'. Jack wrote: jack In your example you mentioned that the employee and employer have an " agreement " , In a TWC hearing, if you have ever attended one. If there is a verbal or written agreement between two parties including an employer and employee for xyz dollars per week for xyz hours worked. An agreement will supersede any TWCs rules, unless there is a breach in the agreement by either the employer or the employee. Besides I was speaking on behalf of those that are not exempt from overtime. According to TWC fire protection service is exempt from overtime. In addition, I believe in your case you DO pay overtime for any hours WORKED over 40. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 Here's Dudley's comment... " Don't be so quick to claim the non-legal nature of this...I can think of several circumstances in which Wayne's scenario would be completely legal and viable alternatives to pay people...up until the part where they top 40 hours and don't pay OT.... " Read the last part of that statement. Fluctuating work week meets that criteria. You stated " Private or public by law must pay you overtime any time over 40 hours. Unless there is a contract in place. " The 7k exemption for Fire/Police is not dependent upon there being a 'contract in place'. Jack wrote: jack In your example you mentioned that the employee and employer have an " agreement " , In a TWC hearing, if you have ever attended one. If there is a verbal or written agreement between two parties including an employer and employee for xyz dollars per week for xyz hours worked. An agreement will supersede any TWCs rules, unless there is a breach in the agreement by either the employer or the employee. Besides I was speaking on behalf of those that are not exempt from overtime. According to TWC fire protection service is exempt from overtime. In addition, I believe in your case you DO pay overtime for any hours WORKED over 40. Pay Question I recently talked with a private service about a position and was told that they pay salary, and that they pay EMS personnel shift pay, as they classify everyone as " professional staff " . My question is this still legal? I know that by paying like this, they can work you as many hrs as they wish and still pay the same amount. Thanks, Wayne --------------------------------- Yahoo! FareChase - Search multiple travel sites in one click. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 I think that I know the ones that you are talking about Jim, as someone that we know bought one of their trucks..right? I did contact US DOL, wage and hour, which over-rules any state payday laws. EMS, Fire and Police, must be paid an hourly wage and must be paid over time. They are NOT considered professional staff. So, if you are working or thinking about working for Royal Ambulance or First Choice Ambulance in the Dallas/Carrollton area, think again. If you work there, you should be making a call the US Department of Labor, Wage and Hour division and filing a complaint. Some other sites to look at are: www.dol.gov/elaws/overtime www.dol.gov/fairpay www.wagehour.dol.gov Wayne james davis wrote: got a story. there is a now defunct ems company who tried to avoid overtime by having two different companies on the paychecks. they paid 40 hrs/week from one company and any " what was supposed to be overtime " as straight time from the other company. it was like XXXXXX EMS and XXXX first aid squad. jim davis --- Peggy ey wrote: > This is true, but convince employers of that to > classify you different. I have been paid so many > different ways to get out of paying OT it would be > funny if it was not me and I did not have to agree > to it to have or keep a job in EMS. The next thing > is to convince the Dept of Labor of this - I have > had conversations with them about a couple of jobs - > no help there either > Peggy S. > > wrote: > This subject gets me going. > > > I read in someone else's about EMS staff being > classified as " professional staff " > > EMS staff are NOT " professional staff " . > > A " professional staff " is someone such as a > president, vice-president, doctor, attorney, CPA, > etc. A " professional staff " is someone who make > their own hours. A " professional staff " is NOT > someone who is scheduled to work an 8am to 8pm > shift on an ambulance this Friday. > > For further information on " professional staff " go > to the link below. > http://www.twc.state.tx.us/news/efte/duties_tests.html > > > A list of those that exempt from over time are at > the link below. And I bet you EMS staff are not on > the list. > http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html > > > For information on Texas Payday law and Fair Labor > Act go to the lick below. > http://www.twc.state.tx.us/ui/lablaw/lablaw.html > > > For someone who is wanting to get back overtime > wages due to them check out these guys. But, TWC is > free. I will post a few other attorney > http://www.cbandco.com/labor.html > > > If you are working over 40 hours and are not getting > paid overtime you are being cheated. Don't get > cheated out of wages contact someone today and get > the money you deserve. > > I believe everyone in EMS works hard for what we do. > We are EMS and damit give me my money. > > > > > > > > Pay Question > > > > > > I recently talked with a private service about > a > > position and was told that they pay salary, and > that > > they pay EMS personnel shift pay, as they > classify > > everyone as " professional staff " . My question > is > > this still legal? I know that by paying like > this, > > they can work you as many hrs as they wish and > still > > pay the same amount. > > > > Thanks, > > Wayne > > > > > > --------------------------------- > > Yahoo! FareChase - Search multiple travel > sites in > > one click. > > > > [Non-text portions of this message have been > > removed] > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 You need to file a complaint, formal complaint against the employer. If the " shady " EMS providers are getting away with this, then others will try. They do this so that OT does not have to be paid, and this is one reason that EMS personnel are looking at other jobs. We want to be paid for the hours that we work, including OT and not " shafted " by these providers. In the Dallas area, this is the only provider that I know of that does this. One other tried it before, but has since changed their pay structure and now they pay OT. Wayne Peggy ey wrote: This is true, but convince employers of that to classify you different. I have been paid so many different ways to get out of paying OT it would be funny if it was not me and I did not have to agree to it to have or keep a job in EMS. The next thing is to convince the Dept of Labor of this - I have had conversations with them about a couple of jobs - no help there either Peggy S. wrote: This subject gets me going. I read in someone else's about EMS staff being classified as " professional staff " EMS staff are NOT " professional staff " . A " professional staff " is someone such as a president, vice-president, doctor, attorney, CPA, etc. A " professional staff " is someone who make their own hours. A " professional staff " is NOT someone who is scheduled to work an 8am to 8pm shift on an ambulance this Friday. For further information on " professional staff " go to the link below. http://www.twc.state.tx.us/news/efte/duties_tests.html A list of those that exempt from over time are at the link below. And I bet you EMS staff are not on the list. http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html For information on Texas Payday law and Fair Labor Act go to the lick below. http://www.twc.state.tx.us/ui/lablaw/lablaw.html For someone who is wanting to get back overtime wages due to them check out these guys. But, TWC is free. I will post a few other attorney http://www.cbandco.com/labor.html If you are working over 40 hours and are not getting paid overtime you are being cheated. Don't get cheated out of wages contact someone today and get the money you deserve. I believe everyone in EMS works hard for what we do. We are EMS and damit give me my money. Pay Question > > > I recently talked with a private service about a > position and was told that they pay salary, and that > they pay EMS personnel shift pay, as they classify > everyone as " professional staff " . My question is > this still legal? I know that by paying like this, > they can work you as many hrs as they wish and still > pay the same amount. > > Thanks, > Wayne > > > --------------------------------- > Yahoo! FareChase - Search multiple travel sites in > one click. > > [Non-text portions of this message have been > removed] > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2005 Report Share Posted November 9, 2005 You need to file a complaint, formal complaint against the employer. If the " shady " EMS providers are getting away with this, then others will try. They do this so that OT does not have to be paid, and this is one reason that EMS personnel are looking at other jobs. We want to be paid for the hours that we work, including OT and not " shafted " by these providers. In the Dallas area, this is the only provider that I know of that does this. One other tried it before, but has since changed their pay structure and now they pay OT. Wayne Peggy ey wrote: This is true, but convince employers of that to classify you different. I have been paid so many different ways to get out of paying OT it would be funny if it was not me and I did not have to agree to it to have or keep a job in EMS. The next thing is to convince the Dept of Labor of this - I have had conversations with them about a couple of jobs - no help there either Peggy S. wrote: This subject gets me going. I read in someone else's about EMS staff being classified as " professional staff " EMS staff are NOT " professional staff " . A " professional staff " is someone such as a president, vice-president, doctor, attorney, CPA, etc. A " professional staff " is someone who make their own hours. A " professional staff " is NOT someone who is scheduled to work an 8am to 8pm shift on an ambulance this Friday. For further information on " professional staff " go to the link below. http://www.twc.state.tx.us/news/efte/duties_tests.html A list of those that exempt from over time are at the link below. And I bet you EMS staff are not on the list. http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html For information on Texas Payday law and Fair Labor Act go to the lick below. http://www.twc.state.tx.us/ui/lablaw/lablaw.html For someone who is wanting to get back overtime wages due to them check out these guys. But, TWC is free. I will post a few other attorney http://www.cbandco.com/labor.html If you are working over 40 hours and are not getting paid overtime you are being cheated. Don't get cheated out of wages contact someone today and get the money you deserve. I believe everyone in EMS works hard for what we do. We are EMS and damit give me my money. Pay Question > > > I recently talked with a private service about a > position and was told that they pay salary, and that > they pay EMS personnel shift pay, as they classify > everyone as " professional staff " . My question is > this still legal? I know that by paying like this, > they can work you as many hrs as they wish and still > pay the same amount. > > Thanks, > Wayne > > > --------------------------------- > Yahoo! FareChase - Search multiple travel sites in > one click. > > [Non-text portions of this message have been > removed] > > > > Quote Link to comment Share on other sites More sharing options...
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