Chinese Overtime – Is it Legal? What Is It?

15 Aug Chinese Overtime – Is it Legal? What Is It?

Every employee deserves just and fair compensation under the law. By adhering to this, an employer makes sure that their workers are properly motivated and can keep performing at a level that’s satisfactory to the organization. However, a controversial practice is slowly creeping in and is threatening to blur the line which exists with regard to overtime pay.

What the Law Says About Overtime Pay

According to existing law, hourly overtime pay is usually paid at a rate of 1.5 times more than base pay. If an individual works 40 hours in any given week, any additional time would be paid at an hourly rate of 150% the base hourly rate. For those who want to earn on the side, a site like 겜블시티 가입코드 may be ideal.

A certain section of the law has recently come under scrutiny because it makes it possible for employers to pay out less than the set 1.5 and actually compensate a worker in a descending manner with regard to pay. Fluctuating Work Week overtime pay (or “Chinese overtime”) essentially says that if a person worked a certain amount of hours but still made a set amount of money at the end of the week, they would get compensated via a set hourly rate regardless the number of hours they worked. In addition to being called Chinese overtime and Fluctuating Work Week pay, it is also sometimes referred to as “variable workweek pay.” It’s important to know that this kind of compensation could be seen to be illegal if certain terms aren’t met.

For an employer to institute Chinese overtime (variable workweek) pay, they would have to ensure that:

1. There must be a mutual and clear understanding between them and their employer that any number of hours worked during a workweek would be covered by his or her fixed salary.
2. There needs to be clear fluctuation with regard to the number of the hours the employee works.
3. The employee must receive a set amount as fixed salary for hours worked in the course of a week.
4. The hourly pay that the employer offers should not fall under minimum wage standards as set by the federal government (currently $7.25 per hour).

In most cases, employers impose Chinese overtime as a means of cutting costs. In such situations, the affected employee may be able to file a lawsuit in order to recover any monies owed to him or her by the employer. Please call the overtime pay lawyers Rasansky Law Firm today at 1-877-659-1620 for your free consultation if you’ve been a victim of illegal labor practices.