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OT Question

post #1 of 6
7/2/09 at 2:20pm
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If an employee works FOH and BOH and gets paid at 2 different rates, and works over 40hrs do they get Overtime? If So, at which rate?
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post #2 of 6
7/2/09 at 2:27pm
Would depend on state law and company policy.
Here, they would get overtime, and it would be paid at their primary job rate.
If I have someone who is primarily BoH and secondarily FoH, all OT is paid as BoH, even if it is FoH that causes them to go over 40 hours.
Knowledge is knowing a tomato is a fruit. Wisdom is not putting it in a fruit salad.
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post #3 of 6
7/2/09 at 2:31pm
There is probably a "legal answer" that would best be supplied by your State Labor Commissioner (or equivalent) and then there is a "moral/ethical answer" that would be supplied by your employer.
Chef,
Specialties: MasterCook/RecipeFox; Culinary logistics; Personal Chef; Small restaurant owner; Caterer
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post #4 of 6
7/2/09 at 3:54pm
When working an hourly employee in two different positions the overtime must be paid for the particular position the employee is working when he or she goes into overtime.....usually the overtime, regardless of the rate is transferred back to the department who is borrowing or utilizing the employee, not the home department.
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post #5 of 6
7/2/09 at 8:37pm
I am actually dual-trained and this has happened quite a few times and has caused some quarrels between the Chef and the Restaurant Manager. I am not exactly sure what the law says about this, but this is how its handled with me.

At the point of hitting 40 hours, I am compensated for OT from that point on until the end of the pay period regardless of what department I'm currently in. I have been paid OT from both departments in the same week.

If my first 5 shifts of the week are 8 hour FOH shifts, and the next day I am scheduled to work in the kitchen, I am paid OT for working in the kitchen because I reached my 40 hours already in FOH. Vice versa also. If I am scheduled to work 40 hours in the kitchen, and I pick up a serving shift the day after 40 hrs, I am paid OT on server pay (which isn't that big an issue since they don't get paid as much).

If i pick up a serving shift in the middle of the week. So say 8 kitchen hours on Monday, 8 Tuesday, 8 Wednesday, 5 FOH hours Wednesday night because a server called off, 8 kitchen hours Thursday, and 8 kitchen hours Friday. I would be compensated for 5 hours of OT kitchen pay on Friday because the 5 FOH hours I picked up made me hit my 40 mark earlier.

Sorry if its confusing, I tried to explain it. And yes, as you can imagine, Chef was not happy to see me getting so much OT when I was serving alot. Now that I am 95% back to the kitchen, he doesn't seem to mind me getting OT as much.
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post #6 of 6
7/3/09 at 4:50am
Yes as long as it is with the same corporation. According to federal laws and having been held up by the courts.(IBM was sued for this and lost) They had people working in 2 separate departments over a 40 hour work week. As far as at what rate,call the labor board in your area.:D
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