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My company pays something called "chinese overtime" to all salaried non-exempts. This is designed for a fluctuating work week employee- which I am most definately NOT- and it essentially pays a descending HALF pay rate for overtime hours.

Last week they passed out a memo and asked us to sign it- it outlines the whole overtime system and states that we understand it.

Well... I understand it but I DON'T agree to it, so I refused to sign. I went to HR and told them flat-out that I didn't think my job was eligible to be paid with chinese overtime and that I needed some sort of third party documentation that this was legal. They said they'd get back to me...

Well today our HR person came and told me I was right. Our jobs don't qualify for this type of overtime.

But get this- what they want to do is get us to take a fluctuating week instead of paying us the time and a half we're entitled to.

So... there will be more back-and-forth between me and HR tomorrow. They can't MAKE a flucuating work week out of regular hours no matter how much they wish it.

But... I stood up for myself and I was right. And every other person there signed the stupid memo but me. Actually, I'm kinda proud of myself today.

And I am proud of you, too.

Me too Eranda - well done.

Good for you for sticking up for yourself and the right thing.

Way to go.

Well, what I don't understand is this: if there is a group of you that fluctuate hours that widely seems like things could be rearranged to allow for more regular hours for everyone.

If ONE person or TWO with widely varying job scopes had fluctuations you might could understand it a bit.

I hope it all works out for you.

I suggest you find the EEOC and DFHE regulations for your state.

Your employer doesn't get to make up state employment law to suit them. And obtaining signatures from employees saying that they "accept" some rule doesn't make it legal - in fact, I'd argue it is coersion and strong arming.

There are solid protections for whistle-blowers...make sure you know your rights.

Shame on whomever you work for.

Good for you.

I can't believe there is a workplace that has a practice called "chinese overtime"...just the name is offensive...

Good for you.....

Chinese overtime - (US, idiomatic) Any form of overtime in which increasing the hours worked reduces the hourly rate.

it is not supposed to be legal, but it is when you get a certain amount of pay per week for 40 hours, if you work over forty hours, they divide your base pay by the total number of hours worked lets say 60 (so thats 20 hours of overtime). That gives then an hourly rate at which they are going to pay you for the overtime hours. Most places pay time and a half for overtime, but with chinese overtime, you get much less.

I too find the name offense, and according to the definitions above I can't see how this is even a tiny bit legal.

You're right, chinese overtime is offensive. Officially it's called Fluctuating Workweek overtime. And officially, it's legal. Look it up.

I had another conversation with HR today about this- basically I was told that they felt all they had to do was "allow" us to take hours off from time to time (say, to go to a kid's soccer game or get your car fixed) and then they would qualify. But, FWW overtime is meant for folks whose hours regularly fluctuate between weeks, months, or seasons.

And I haven't had that for the last year plus that I've been there. If I want to take time off, I have to use vacation time. Plus, in order to be legal, the company has to clearly explain the method of pay before work begins, and they didn't do that. I didn't find out until I had been working there almost two months.

I still didn't agree to it. And I will lawyer up if I have to- I am totally convinced that my job does NOT qualify for FWW overtime.

Oh, and as soon as I said the words "time and a half" in this afternoon's meeting, the meeting was o-v-e-r.

This is gonna be a long fight I'm afraid.

I'm fairly certain it isn't legal in California. Not 100% sure ....

True- there are some states where it's not legal. But it IS legal under FLSA.

Personally, if the company I work for had FWW then I'd make sure that I worked no more than 40 hours/week. I don't volunteer for OT anyway, not since I was "tricked" into giving up one day of a long weekend since my supervisor "really needed" me to work. That was bull. The only thing good about that was I was paid at a higher rate than my job called for at the time.

Anyway, I doubt the owner would allow his workers to be ripped off that way. He is very much aware that us "lowly hourly workers" are who keep him in business and as such insists we get a yearly bonus regardless of how the company does profitwise. There have been a couple years where management has NOT gotten a bonus (even the president, his SIL didn't get one) but the hourly workers have.

what they want to do is get us to take a fluctuating week instead of paying us the time and a half we're entitled to.

One response to that: how's it feel to want?

If you don't "qualify" for FWW then you don't have to take it regardless of what they "want". If they don't want to pay the time and a half you're entitled to then don't work any overtime. And I doubt they could make you work the OT unless everyone in your department has to work it as well. Not positive on that but that's how it goes where I work.

Eranda:

I am the proud owner of "myname" vs the City and County of San Francisco in a FLSA class action lawsuit. Lawyer up soon. You might be surprised at what is legal and what is not under FLSA...and what the lengths they will go to shut you up....

There are a number of things I think they are doing wrong-

1. The fluctuating workweek overtime.

2. Requiring me to take 4 hours of vacation time for a half day off even though I actually worked 39.5 hours in the week.

3. Using "comp time" for salaried people at half time (I don't think they can use comp time at all- and if it's used it must be one and a half times the overtime hours)

There something else too I just can't think of right now.

I have about had it with all this. I just may lawyer up soon.