Pyramiding/Duplication of Overtime

psrcello

Any collective bargaining agreement gurus out there?

We have a clause in our CBA stating that an employee who works on a holiday received double time plus holiday pay, subject to no duplication or pyramiding of overtime.

We had a number of employees, who normally work a 12-hour day, 4 days a week, work on Memorial day. We paid them double time for working 12 hours on the holiday, plus 36 hours straight time for the other three days, plus their holiday pay.

Now, these employees are claiming that they should have received 8 hours at time-and-a-half, since they worked a 48 hour week.

My interpretation is that they already received 12 hours at double time, which exceeds the 8 hours at time-an-a-half that they would ordinarily be entitled to on a normal 48 hour week. To pay them for both the holiday premium and the regular overtime premium would constitute pyramiding/duplication of overtime premiums.

What say ye, oh sages of the CBA?

Don D

Just like our employees, they are already being paid what amounts to triple-time on the holiday. They are due triple time and that's it. They are asking you to pyramid their wages for the holiday, which is stacking their guaranteed time (holiday pay) plus double time, which equals triple time which satisfies the CBA and the FLSA.

psrcello

Thanks, Don - that's what I thought, but I was having one of those moments of questioning what I really knew!

MS HR

i believe you owe them 1.5 for hours worked over 40 regardless of the company's generosity on the holiday pay.
so i think you do owe them 8 x 1.5 for hours 40-48.

blw

Outside of the 8 hours holiday pay, they are already getting double time for 12 of the 48 hours worked. Why would you give them another 8 hours at time and a half? They are being paid overtime for more than required by FLSA.

jake48

Don is correct. However the real solution to this issue is called an RD Petition.