Duplication or pyramiding of Overtime
rexlabor
3 Posts
I know this question has probably come up in the past but as a new member I am trying to see what others would do in this situation.
We have a labor contract that requires Overtime (time and one-half) for hours worked between 9 pm and 6 am. It also requires Overtime for hours worked over 8. There is also a section stating there is no duplication or pyramiding of overtime.
If an employee starts work at 4 am at what point would they get Overtime based on the 8 hours worked claim? As the employer my thought is it would not be until after working 8 hours of straight time, so at 2 pm. The union believes the employee should get overtime beginning at noon based upon their being 8 hours worked from 4 am until noon. 2 of those hours however were paid at Overtime and 6 at straight time. My contention is that we are still allowed 8 hours at straight time. By the way, the daily guarantee in the CBA is only for 4 hours.
Thanks
We have a labor contract that requires Overtime (time and one-half) for hours worked between 9 pm and 6 am. It also requires Overtime for hours worked over 8. There is also a section stating there is no duplication or pyramiding of overtime.
If an employee starts work at 4 am at what point would they get Overtime based on the 8 hours worked claim? As the employer my thought is it would not be until after working 8 hours of straight time, so at 2 pm. The union believes the employee should get overtime beginning at noon based upon their being 8 hours worked from 4 am until noon. 2 of those hours however were paid at Overtime and 6 at straight time. My contention is that we are still allowed 8 hours at straight time. By the way, the daily guarantee in the CBA is only for 4 hours.
Thanks
Comments
4am - 6am: time-and-a-half (shift differential)
6am - 12pm: straight time
12pm - end: time-and-a-half (hours over 8)
Your first post! Welcome to the Forum. :welcome:
Sharon
PS: I agree with Frank.
Hours worked in excess of 8 in one work day, in excess of 40 in one work week, on Saturday and Sunday, and between the hours of 9 pm and 6 am shall be paid at 1 1/2 time the workers base rate.
Other language however states:
There shall be no pyramiding or duplication of overtime for the same hours worked.
If the employee is getting time and one-half from 4 am until 6 am and then overtime after 6 hours of straight time (for a total of 8 hours worked) it appears that he is pyramiding the overtime.
Thanks for the input all.
To me, no pyramiding means an employee doesn't receive time and one-half on top of hours for which he is already receiving time and one-half. For example, if the employee's schedule was noon to 9:00 p.m., but he worked two extra hours to 11:00 p.m., those two hours would be at time and one-half, not time and one half (shift differential) on top of time and one-half (more than 8 hours in a day). Next time the contract is open, you may want to try changing the language.