Question

1) Which of the following affected employees are exempt from overtime provisions as found on the DIR website?

Taxicab Drivers

Sheepherders

Outside Salespersons

Motion Picture Projectionists

All of these are exempt from overtime provisions

None of these are exempt from overtime provisions

2) According to the DIR, an employer may establish different “workweeks” for different employees. T/F

3) Locate the Industrial Welfare Commission wage order 12-2001 regulating wages, hours and working conditions in the Motion Picture Industry. Under the General Provisions for Daily Overtime, which of the following statements is correct?:

Employees may be employed up to a maximum of 14 hours including meal periods in any one day from the time they are required and do report until dismissed, provided the employee is compensated at the appropriate overtime rates

Employees may be employed up to a maximum of 15 hours including meal periods in any one day from the time they are required and do report until dismissed, provided the employee is compensated at the appropriate overtime rates

Employees may be employed up to a maximum of 16 hours including meal periods in any one day from the time they are required and do report until dismissed, provided the employee is compensated at the appropriate overtime rates

Employees may be employed up to a maximum of 18 hours including meal periods in any one day from the time they are required and do report until dismissed, provided the employee is compensated at the appropriate overtime rates

Answer 1

Answer (1)

The following affected employees are exempt from overtime provisions as found on the DIR website.

i. Taxicab Drivers

ii. Motion Picture Projectionists

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Answer (2) :-

According to the DIR, an employer may establish different “workweeks” for different employees.

Workweeks

Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. An employer may establish different workweeks for different employees, but once an employee's workweek is established, it remains fixed regardless of his or her working schedule. An employee's workweek may be changed only if the change is intended to be permanent and is not designed to evade the employer's overtime obligation.

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Answer (3) :- The Industrial Welfare Commission wage order 12-2001 regulating wages, hours and working conditions in the Motion Picture Industry. Under the general provision of overtime the given statement is true :-

Employees may be employed up to a maximum of 16 hours including meal periods in any one day from the time they are required and do report until dismissed, provided the employee is compensated at the appropriate overtime rates

Reason :-

Employees may be employed up to a maximum of 16 hours including meal periods in any one day from the time they are required and do report until dismissed, provided the employee is compensated for such overtime at not less than:

(i) For daily employees and weekly employees, excluding weekly employees guaranteed more than 40 hours a workweek and ―on call‖ employees, one and one-half (11 /2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any one workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and

(ii) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday, and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.

(iii) Overtime payments shall not be compounded and all payments made by the employer for daily overtime on the basis herein above specified shall be applied toward any sum for weekly overtime.

(iv)The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee’s regular hourly salary as one fortieth (1/40) of the employee’s weekly salary.

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