PORK: I Googled the term you used and could not find any reference to actual laws or regulations.
I would love to issue you a formal apology here in the Forum. As a matter of fact, I hereby commit to taking an ad out in your local paper with a public apology and I will donate $500 to the charity of your choice if you can show me where, on an official piece of published law or regulation, you see the term "Chinese Overtime" or "Chinezee Overtime and .5" (your actual quote).
The ball is in your court. I would, of course, ask that you issue me a public apology in this forum if I am correct in that, once again, words you have quoted from laws and regulations are nothing more than nittwittery that simply do not exist.
H.3. Regular Rate for Salaried Employees with Irregular Hours
"If an employee is paid a fixed salary each workweek for hours that vary up and down from week to week, the employer may use an overtime calculation method authorized in 29 C.F.R. 778.114. This method is called the "fixed salary for fluctuating workweeks" form of computing overtime; this is the method that some companies in the past used to refer to informally as "Chinese overtime". It is easily the most favorable method for employers of computing overtime, but certain requirements have to be met. Many employers favor it because it results in a diminishing regular rate, and thus diminishing overtime pay, the more overtime hours there are in a workweek."
=-=-=-=-=-=-=-=- I found the above partial text on a site apparently run by the Texas Workforce Commission, published, they say, for Texas employers. It makes reference to what was "in the past used to refer to informally as Chinese overtime".
Pork: You left me, and I can't speak for others, with the impression that you were claiming to quote Title 29, Part 778 CFR when you mentioned "Chinezee Overtime". I have for years heard that people running amok or a terribly discombobulated state of mass confusion was "Like a Chinese firedrill", the reference obviously made in a manner mocking the old Godzilla type movies with people running around screaming, bumping into each other not knowing whether to crap or go blind. However, I do not think you would find "Chinese Firedrill" referenced in an OSHA Bulletin or municipal fire department training manual or in a serious discussion of fire fighting methods.
My point in bringing up an objection to your remark was not to claim that it had never before been made elsewhere, but to point out that it is unkind and could be viewed as racist in today's society, especially when made by a senior HR professional such as yourself. In a discussion of the regs and when quoting the Code of Federal Regulations, it is not proper to imply that such a term is part of and found in those regs.
By the way, anyone who would like to request a personal copy of this 63 page regulation, Part 778 should do so by requesting from USDOL a copy of WH Publication 1262.
GREGORYSCOTT: I sincerely hope that this question or post you made shows you how valuable the forum is. Granted from time to time, we go off on a different route, for that, there is no apology for it is all great learning. I apologize to you for having to read the undesired hatred and prejudice sides of some of us. A racist, I am not; stupid I am not; less than the most achieving writer ever put on this forum, I AM. Hard headed, ole, stuck in my experiences and stand my ground, when I need to defend I AM.
I tried to send an individual e-mail to you but yours is enabled, so I could not, thus my need to come out public with this final post!
For any of you that might be interested with out malaise or malice, if you will click on my e-mail capability on this post; I will provide you with case law information which provides me with satisfactory feelings that what I do is not mixed up or contrived against any agreeable employee.
The court has found in the past that those employers that develop compensation packages with an employee who is willing and fully understands and is willing to put it all in written form, the process it is permissable.
For Don and TN HR you can disregard this post. For you my e-mail is dis-abled. You can "google and find the case law on your own".
May we all have a Blessed day and a sweeter week-end.
Comments
I would love to issue you a formal apology here in the Forum. As a matter of fact, I hereby commit to taking an ad out in your local paper with a public apology and I will donate $500 to the charity of your choice if you can show me where, on an official piece of published law or regulation, you see the term "Chinese Overtime" or "Chinezee Overtime and .5" (your actual quote).
The ball is in your court. I would, of course, ask that you issue me a public apology in this forum if I am correct in that, once again, words you have quoted from laws and regulations are nothing more than nittwittery that simply do not exist.
Gene
"If an employee is paid a fixed salary each workweek for hours that vary up and down from week to week, the employer may use an overtime calculation method authorized in 29 C.F.R. 778.114. This method is called the "fixed salary for fluctuating workweeks" form of computing overtime; this is the method that some companies in the past used to refer to informally as "Chinese overtime". It is easily the most favorable method for employers of computing overtime, but certain requirements have to be met. Many employers favor it because it results in a diminishing regular rate, and thus diminishing overtime pay, the more overtime hours there are in a workweek."
=-=-=-=-=-=-=-=-
I found the above partial text on a site apparently run by the Texas Workforce Commission, published, they say, for Texas employers. It makes reference to what was "in the past used to refer to informally as Chinese overtime".
Pork: You left me, and I can't speak for others, with the impression that you were claiming to quote Title 29, Part 778 CFR when you mentioned "Chinezee Overtime". I have for years heard that people running amok or a terribly discombobulated state of mass confusion was "Like a Chinese firedrill", the reference obviously made in a manner mocking the old Godzilla type movies with people running around screaming, bumping into each other not knowing whether to crap or go blind. However, I do not think you would find "Chinese Firedrill" referenced in an OSHA Bulletin or municipal fire department training manual or in a serious discussion of fire fighting methods.
My point in bringing up an objection to your remark was not to claim that it had never before been made elsewhere, but to point out that it is unkind and could be viewed as racist in today's society, especially when made by a senior HR professional such as yourself. In a discussion of the regs and when quoting the Code of Federal Regulations, it is not proper to imply that such a term is part of and found in those regs.
By the way, anyone who would like to request a personal copy of this 63 page regulation, Part 778 should do so by requesting from USDOL a copy of WH Publication 1262.
I tried to send an individual e-mail to you but yours is enabled, so I could not, thus my need to come out public with this final post!
For any of you that might be interested with out malaise or malice, if you will click on my e-mail capability on this post; I will provide you with case law information which provides me with satisfactory feelings that what I do is not mixed up or contrived against any agreeable employee.
The court has found in the past that those employers that develop compensation packages with an employee who is willing and fully understands and is willing to put it all in written form, the process it is permissable.
For Don and TN HR you can disregard this post. For you my e-mail is dis-abled. You can "google and find the case law on your own".
May we all have a Blessed day and a sweeter week-end.
PORK