[WNYcarpenter]

I can make those comments based one what you said you did.

My response is 100% accurate based on what you posted about how you didn't pay overtime that was due.

Listen - listen good.

JUST BECAUSE YOU WANT TO DO SOMETHING DOESN'T MEAN YOU CAN.

Get it?

Your system makes perfect sense, it's a great system for the employer and the employee, lots of us would love to use it. (You're not the first genius to come up with that system by the way). The hours banking I believe is actually a win/win for employer and employee if it's voluntary. Overall it's a great way for employers to achieve what they need and help employees achieve what they need.

However- It's F**king illegal. You can't argue that point so stop trying. Educate yourself or stop pretending, whichever one it is.

Now if you posted that with the follow up of, we used to do that, but then I learned to my ignorance that it was against the labor laws and stopped and further said - I'm just posting this so others can learn from my mistake..

Now that would be another story. But that's not what you're doing. Instead you are still trying to defend it from a pont of view of my employees liked it.

So don't go off on the handyman thing it's not about you being a handyman, you just happen to be one and happen to be somebody that screwed your employees and broke the labor laws and is refusing to admit it.

And those things I can accurately say based on what you have posted. If your post was inaccurate then my response is based on your inaccuracy.

Now ---- ask yourself why do I care?

Because what you did is no different then the douche that uses illegals and has a mile long list to justify it.

That's not a level playing field. All a good business man wants is a level playing field to play on. When you skirt the labor laws you're unleveling the playing field. If a competor of mine does that that means he has an unfair and illegal advantage over me. He can work cheaper then I can only because he's a crook.

There was an atircle in JLC's law section a few years back... that explains that comp time/banked hours are legal as long as the employee signs off on it....I got screwed because I was only 21 when a landscape owner told me that's how he did things. I was working 60 hr weeks and getting paid for 40 praying for a rain day. When I left to find winter work, I was never compensated for my banked hours!

I agree with your argument.....I'll never let an employer pull that crap with me again.......

 

[Mike Finley]

There was an atircle in JLC's law section a few years back... that explains that comp time/banked hours are legal as long as the employee signs off on it....I got screwed because I was only 21 when a landscape owner told me that's how he did things. I was working 60 hr weeks and getting paid for 40 praying for a rain day. When I left to find winter work, I was never compensated for my banked hours!

I agree with your argument.....I'll never let an employer pull that crap with me again.......

I'd love to see that article, cause I've yet to see any proof that banking or comp time is legal. As I said, I think it's a win/win if everyone is in agreement to it, but it's not legal to do.

Bank of America just got their asses sued for this stuff.

In yet another case illustrating the pitfalls of giving employees compensatory (or “comp”) time in lieu of paying overtime, a wage and hour lawsuit was recently filed against the Bank of America. The suit, filed as a collective action, alleges that bank tellers and personal bankers in Bank of America branches throughout the United States were systematically denied overtime pay.

In addition to allegations that the bank gave them comp time instead of paying overtime, the complaint alleges that Bank of America instructed these tellers and personal bankers not to record any hours they worked over 40 in a workweek. The Plaintiffs also allege that Bank of America simply eliminated overtime hours from the tellers’ and personal bankers’ time records. If true, the practices concerning the hiding or eliminating of overtime hours would represent particularly egregious practices on Bank of America’s part.

The practice of providing employees with time off in lieu of paying them overtime compensation may not seem so nefarious, but it is still generally illegal for private employers. Unfortunately, private sector employers often believe in good faith that giving comp time is a legitimate and permissible alternative to paying overtime.

Except in certain tightly controlled public employment situations, the Fair Labor Standards Act does not allow employers to substitute compensatory time off for overtime pay. Overtime must be paid at one and one-half times an employee's regular rate of pay for all hours actually worked in excess of 40 in any one workweek. Employers can certainly provide their employees with comp time as an added benefit for working overtime hours, but overtime hours worked must be appropriately compensated regardless.

Compensatory time off (comp time) is paid time off the job that is earned and accrued by an employee instead of immediate cash payment for working overtime hours. The use of comp time instead of overtime is limited by Section 7(o) of the FLSA to a public agency that is a state, a political subdivision of a state, or an interstate governmental agency.

 

[WNYcarpenter]

http://definitions.uslegal.com/c/compensatory-time/

Here's what I found, and apparently you're correct.

I distinctly remember reading the article (it was of interest to me since I had been screwed by it!!!), I'm not BSing...I feel compelled to find the article (sorting through YEARS of JLC)...but I won't. Perhaps I misunderstood what I read....makes me want to 2nd guess "periodical" legal advice.

My employer was a botanical genius but a jerkoff at business! I'm still bitter 12 years later!

 

[Cdat]

Walmart also recently got hammered for it and I think Ford did too.

 

[JumboJack]

When I was 18 I worked at a furniture store in Washington state.The store manager was told to try and cut back on overtime.
I had turned in my time sheet and it had around 4 hours OT...OT that I worked.I saw it again after it had been submitted.The manager changed it
and took off the overtime.I was just a punk kid at the time.If I knew then what I know now I could have got them in so much trouble.

 

[cabinet runner]

I'd love to see that article, cause I've yet to see any proof that banking or comp time is legal. As I said, I think it's a win/win if everyone is in agreement to it, but it's not legal to do.
Bank of America just got their asses sued for this stuff.

I am curious about this . My wife works for the federal govt. and if she works over 40 hrs she has 2 choices . Get paid straight time or put the hours into a comp time bank . She can carry as many comp hours as she wants though her account must be emptied on a yearly basis . She is NEVER paid above her normal wage even after 40 hrs of work in a week.

So it is illegal EXCEPT for the govt . Interesting .

 

[MJW]

Haha, these are hillarious.....especially the arguments!

As for the government, those hypocrites! They have rules for them and rules for the peasants (us). Didn't you know that?

They work for us, right? I never saw where we vote on their pay....I think they just make it up as they go......

 

[build4y]

watch out for scams on CL

 

[Cdat]

watch out for scams on cl

post of the year!!!!

 

[KellyD&B]

2 holes in thin wall (brnsville brooklyn)

Date: 2009-08-27, 6:55PM EDT
Reply to: [email protected] [Errors when replying to ads?]

smh well i got soo angry that i punched two holes in my wall in my bedroom can anyone fill in the holes for $45 or $65in food stamps?
Call me asap plz 347-683-3872

• Location: brnsville brooklyn
• it's NOT ok to contact this poster with services or other commercial interests
• Compensation: no pay

 

[Framer53]

Haha, these are hillarious.....especially the arguments!

As for the government, those hypocrites! They have rules for them and rules for the peasants (us). Didn't you know that?

They work for us, right? I never saw where we vote on their pay....I think they just make it up as they go......

The reason for this rule is they trust themselves to keep trck of comp time, but not private business.

It looks like they are correct with all the large businesses trying to get away with it

 

[GC-B]

Another funny one quoted from the same site...

:clap:Absolutely the funniest post I have read in a long time!:clap:

 

[KellyD&B]

Sheetrock carry. (Liberty Ave)

Date: 2009-08-30, 7:24PM EDT
Reply to: [email protected] [Errors when replying to ads?]

I live 4 blocks away from a major hardware store. I am remodeling a home in queens. I need someone (that is very strong) to carry 100 sheets of sheetrock from the store to my house that i am remodeling. Since sheetrock comes in sets of two that will only be 50 short trips. The pay is $ 30 bucks. Dont worry if you get hot i have bottles of water you can drink. Need this tomorrow morning (Monday) It makes no sense to me to get the delvery from the store since i only live 4 little blocks away,. the 50 trips shouldnt take more than one hour.

Email me ur phone number right away first come first serve.

Thank you

Mr Singh,

• Location: Liberty Ave
• it's NOT ok to contact this poster with services or other commercial interests
• Compensation: $ 30 dollars

 

[HSConstruction]

Sheetrock carry. (Liberty Ave)

Date: 2009-08-30, 7:24PM EDT
Reply to: [email protected] [Errors when replying to ads?]

I live 4 blocks away from a major hardware store. I am remodeling a home in queens. I need someone (that is very strong) to carry 100 sheets of sheetrock from the store to my house that i am remodeling. Since sheetrock comes in sets of two that will only be 50 short trips. The pay is $ 30 bucks. Dont worry if you get hot i have bottles of water you can drink. Need this tomorrow morning (Monday) It makes no sense to me to get the delvery from the store since i only live 4 little blocks away,. the 50 trips shouldnt take more than one hour.

Email me ur phone number right away first come first serve.

Thank you

Mr Singh,

• Location: Liberty Ave
• it's NOT ok to contact this poster with services or other commercial interests
• Compensation: $ 30 dollars

sounds fair


I dont like lugging rock more than the distance from the front door to where it is needed, forget about walking 4 blocks. How expensive could the delivery be?

you would have to be a juiced up mofo to carry 50 sets of rock solo for 4 blocks.

 

[HanerEnterprise]

50 trips in 60 minutes. 4 blocks away. I wonder how many crackheads he was thinking about "hiring"?

 

[AmeliaP]

experienced in concrete pour needed (kingston)

Date: 2009-08-31, 8:16AM EDT
Reply to: [email protected] [Errors when replying to ads?]



Need a hand pouring 4 yards of concrete. you need to be experienced in the finishing end, floating, and when it is set.
It will also be stamped.
i am guessing 4-5 hours work
$100.00 cash

• Location: kingston
• it's NOT ok to contact this poster with services or other commercial interests
• Compensation: no pay

http://hudsonvalley.craigslist.org/lbg/1351044325.html


:no:

 

[Leo G]

I suppose they expect the experienced guy to supply the stamps too?

 

[willworkforbeer]

Tile Grouter/Helper (Jenks)

Date: 2009-08-30, 11:37AM CDT
Reply to: [email protected] [Errors when replying to ads?]



Looking for a tile grouter for a job lasting from Tues-Thursday this week. New construction floors 18".
Possibly helping with making cuts and bringing in tile after grouting. Please reply with experience.
Must have own transportation. Please NO DRUG ATTICS. You should be able to grout about 100 square feet an hour.

• Location: Jenks
• Compensation: .25 cents a foot or $12.00 an hour.
• This is a contract job.
• Principals only. Recruiters, please don't contact this job poster.
• Please, no phone calls about this job!
• Please do not contact job poster about other services, products or commercial interests

Fail

 

[KellyD&B]

Handyman needed to remodel bathroom. (Brooklyn.)

Date: 2009-10-20, 12:06PM EDT
Reply to: [email protected] [Errors when replying to ads?]

Handyman is needed to remodel a small bathroom. 12 feet by 14 feet. Need to remove old tiles, old sink old toilet, old electric, Need to install new tile with the muddy puddy, new toilet and new sink and also new electic. I am on a budget and short on funds, since I had to buy the supplies. Shortcuts with the electric is ok, as longs as it works!

Thanks!!

email me please,,...I am located on Linden blvd near church avenue and my name is Winston.
Please bring your tools and wet saw to cut the tiles,....as the only tool I have is a screw driver.

• Location: Brooklyn.
• it's NOT ok to contact this poster with services or other commercial interests
• Compensation: $ 150 for complete job and finish in 2 days please.

 

[J F]

Handyman needed to remodel bathroom. (Brooklyn.)

Date: 2009-10-20, 12:06PM EDT
Reply to: [email protected] [Errors when replying to ads?]

Handyman is needed to remodel a small bathroom. 12 feet by 14 feet. Need to remove old tiles, old sink old toilet, old electric, Need to install new tile with the muddy puddy, new toilet and new sink and also new electic. I am on a budget and short on funds, since I had to buy the supplies.

Shortcuts with the electric is ok, as longs as it works! :blink:

Thanks!!

email me please,,...I am located on Linden blvd near church avenue and my name is Winston.
Please bring your tools and wet saw to cut the tiles,....as the only tool I have is a screw driver.

• Location: Brooklyn.
• it's NOT ok to contact this poster with services or other commercial interests
• Compensation: $ 150 for complete job and finish in 2 days please.

you gotta be kidding me