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Author: Subject: California SB 1121...(Overtime pay for farm workers)

Zen Peach





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  posted on 7/2/2010 at 01:59 PM
What a crock of crap.....How does the old argument go?..."Well if we send all of the illegal back to Mexico, who will pick strawberries?".....

You can't have it both ways....


From the Sacramento Bee:


SACRAMENTO -- The Assembly on Thursday sent to Gov. Arnold Schwarzenegger's desk legislation that would require farmers to pay more overtime to farm workers.

California is the only state in the nation that provides overtime for farm workers after 10 hours a day or 60 hours a week. Senate Bill 1121, by Sen. Dean Florez, D-Shafter, would grant overtime after eight hours.

The bill, which already cleared the Senate, passed the Assembly by a 47-26 vote with Republicans voting no. Schwarzenegger has not taken a position. Supporters said the bill is about fairness.

"If people who work in air-conditioned offices get overtime after eight hours, farm workers should too," said Assembly Member Juan Arambula, I-Fresno, who grew up working in the Valley's farm fields.

The bill is opposed by farmers, who fear losing a competitive advantage to growers in other states that don't require overtime. Opponents also said the bill could mean less pay for farm workers, because growers might cut back their hours instead of paying more.

"We are going to absolutely be punishing the workforce of California," said Assembly Member Tom Berryhill, R-Oakdale.

The United Farm Workers did not lobby for the bill. The union has pointed out that overtime can be won through contract negotiations.

Read more: http://www.fresnobee.com/2010/07/01/1992771/farmworker-overtime-bill-passes .html#ixzz0sYKXoBjn


[Edited on 7/2/2010 by BIGV]

 

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Zen Peach



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  posted on 7/2/2010 at 03:04 PM
I'm still trying to figure out what I think about this. On one hand, 10 hours before overtime seems a little extreme but it would depend on what they're being paid. at $5 and hour.....I'd go with overtime after 40 hours a week.....if they're making $20 an hour....I can kind of understand overtime after $60. Too many unknowns in this piece for me to take a position.

 

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Zen Peach



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  posted on 7/2/2010 at 05:57 PM
First off, some people work 35 hours, some have to work 40. Everyone should get the 35 hours work week. Why are some people forced to work the extra 5 hrs. that is the first injustice.

Next, I support the view Juan Arambula holds, other workers get overtime, so it should be across the board. Laborers work hard for very little. We've all heard the true stories about the abuse of fruit and produce workers. It is a shameful part of our history that goes on with hardly anyone objecting to it.

So I say overtime after 7 hrs. per day for any and everyone, if you are a part time worker by virtue of your usual hours, then overtime for you after you exceed your normal and customary hours.

NO more mandatory overtime unless it is explained to the employees before they accept the job. Don't wait and tell them later, well you have to do this or you will lose your job.

 

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Zen Peach



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  posted on 7/2/2010 at 06:34 PM
I sort of wondered about that myself.....the only reason people are asked to work 35 hours in some businesses is because they can be deemed 'part time' workers and the employers don't have to pay benefits.

 

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Zen Peach



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  posted on 7/2/2010 at 07:21 PM
quote:
We've all heard the true stories about the abuse of fruit and produce workers. It is a shameful part of our history that goes on with hardly anyone objecting to it.


Everyone has a choice. There is always an option. In this case my reference is to the ILLEGAL worker....Don't like the way you're being treated?...You have a choice. Go home.

 

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Zen Peach



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  posted on 7/3/2010 at 01:02 PM
In California, you get paid overtime for any hours over 8. It doesn't matter if you work any other days that week at all. If you work 10 hours one day, you get paid for 2 hours of overtime. I was not aware that doesn't apply to farm workers. It should.

 

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Zen Peach



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  posted on 7/3/2010 at 03:15 PM
quote:
I sort of wondered about that myself.....the only reason people are asked to work 35 hours in some businesses is because they can be deemed 'part time' workers and the employers don't have to pay benefits.


30 hours is part time, 35 is full time.

 

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"Mankind is a single nation" "Allah did not make you a single people so he could try you in what he gave you, to him you will all return, he will inform you where you differed". Quran Chapter 2 Sura 213

 

Zen Peach



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  posted on 7/3/2010 at 09:37 PM
Not where I live. Where are you that 35 hours is a full week?

 

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Zen Peach



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  posted on 7/4/2010 at 10:57 PM
The 38 years I've been in the work force 40 hours is a full work week.

 

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Zen Peach



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  posted on 7/5/2010 at 11:58 AM
quote:
In California, you get paid overtime for any hours over 8. It doesn't matter if you work any other days that week at all. If you work 10 hours one day, you get paid for 2 hours of overtime. I was not aware that doesn't apply to farm workers. It should.


Allen, agriculture has different laws applied to labor from those in the field too those delivering produce in trucks. It is based on giving the farmers time to get their produce to market without extra expense.

It is also a ploy for more tax revenue. They tax overtime seperate than regular pay and at a higher rate. On average you make more money on O to 5 to 7 hours of overtime a week as opposed to straight pay for same hours. If you work more overtime than that, your gross income is higher of course but your net is lower that if you were payed stright time for that same amount of hours. If that is kinda hard to follow, maybe this will make it easier ?

If you work and are payed more than 7 hours a week overtime at time and a half, your gross will be higher but your take home pay will be less than if you were payed striaght time for those same hours.

 

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Zen Peach



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  posted on 7/5/2010 at 02:47 PM
Whoa, man! Like, dude! Dude!!


quote:
http://articles.latimes.com/2010/jul/04/local/la-me-beach-20100704


Ocean Beach 'bums' test a laid-back community's tolerance

Seaside enclave is being torn by a dispute over the emergence of a subculture of unkempt young males sleeping in doorways and panhandling aggressively. A bumper sticker was the flash point.

July 04, 2010|By Tony Perry, Los Angeles Times

Reporting from San Diego Time was when "beach bum" was a phrase of endearment in laid-back Ocean Beach.

No more.

This normally quiet neighborhood is being torn by a dispute over the recent emergence of a beach subculture of unkempt young males sleeping in doorways, urinating in public places and panhandling aggressively.

The flash point was the appearance of bumper stickers proclaiming: "Welcome To Ocean Beach. Please Don't Feed Our Bums." The stickers sold at a local landmark business, The Black, better known for the sale of bongs, posters and jewelry are flying off the shelves and cropping up on shop windows and cars around town.

The community seems split between residents who feel it's about time something was done and those who feel the bumper sticker is crass and out of character with Ocean Beach's traditional tolerance for all manner of idiosyncratic lifestyles.

"It's ironic that it's happening in this community known for its live-and-let-live spirit," said Tony Manolatos, spokesman for San Diego Councilman Kevin Faulconer, who represents Ocean Beach. "That said, they're targeting one kind of homeless: able-bodied white males with laptops and cellphones."

Kathryn Rhodes, a member of the city's homeless task force, said she finds the sticker "dehumanizing" toward the homeless population. But she concedes that Ocean Beach has a growing problem.

"They're saying that homeless are like animals, and that's not good," Rhodes said. "But we've got a lot of young men just hanging out and getting pretty aggressive in asking for money. It's not fun, it's very rude."

In hopes of cooling local passions, which have sparked several street-level confrontations, a coalition of churches is hosting a town meeting Tuesday in the parish hall at Sacred Heart of Ocean Beach.

"We recognize the complexity of homelessness. We regret the polarization which has occurred in our community," the group said in announcing the meeting.

This is a palm tree-lined neighborhood where the annual Kite-Flying Contest in March and the Street Fair and Chili Cook Off in June are, as the community website notes, "high holy days."

O.B., as residents call it, is not just a residential enclave, but a state of mind.

Surfers, motorcycle club members, young families, retirees, artists, unreconstructed hippies and a colony of feral cats have long lived here in harmony.

But these days, San Diego police who patrol Ocean Beach begin their mornings by rousing sleepers from the doorways of businesses.

"If someone is blocking the sidewalk, we like to talk to them," said Sgt. Jack Knish as a colleague talked to a young couple sprawled in front of a Starbucks. "Yesterday, we had someone licking the window with their tongue."

After a polite discussion, the couple moved on to the parking lot next to the beach.

"We're not bums, we're travelers," said Lili Ford, 26. "We travel to Ocean Beach because most of the people are cool, and they help us with money."

A fellow traveler, Eric "Kandy" Diaz, 19, said he's made a discovery: "If you treat the police in Ocean Beach nice, they treat you nice."

The community has largely resisted the gentrification and commercialization that have transformed other beach communities in Southern California. The housing stock leans toward aging California bungalows and low-rise apartment buildings. Rent, never cheap, is at least affordable.

Newport Avenue, the main drag leading to the beach, has antique stores, small eateries, surf shops, comic book stores, hairstyling parlors, record stores and a bikini boutique.

The Ocean Beach Pier is popular with fishermen, and the beach is wide and accessible (and equipped with showers). A long stretch of it is open to dogs, no leashes required.

Hodad's, the near-legendary burger joint, has a sign telling the world, "No shirt, no shoes, no problem." Its delivery vehicle, a battered Volkswagen, gives its location as "The People's Republic of O.B."

"It ain't no Jack in the Box, man," said a Hodad's patron who identified himself as Will Freely. "That's what we like."

Before "Don't Feed the Bums," possibly the most popular local bumper sticker was "Keep Ocean Beach Funky." Or maybe the one that ordered "U.S. Out of O.B."

Frank Gormlie, editor of an Internet newsletter, http://www.obrag.org (put out by "freaks, uppity women and politicos"), started distributing his own sticker: "Welcome to OB Generosity, Caring, Empathy, Tolerance." The anti-bum sticker, he said, is a violation of the civic zeitgeist.

"This is not Ocean Beach," he said.

Maybe not, but at The Black, the stickers are selling briskly, priced to move at $1.48. "We can't keep them in stock," said a clerk, preferring to be known only as Jeff.





 

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Peach Bud



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  posted on 7/5/2010 at 07:38 PM
quote:
Off topic, Derek. But I understand that if this were to become a nationwide grassroots campaign that made it to Ohio, you might have a problem. The key is too plan ahead for this eventuality.



huh? too plan

 

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World Class Peach



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  posted on 7/5/2010 at 09:23 PM
quote:
Whoa, man! Like, dude! Dude!!


quote:
http://articles.latimes.com/2010/jul/04/local/la-me-beach-20100704


Ocean Beach 'bums' test a laid-back community's tolerance

Seaside enclave is being torn by a dispute over the emergence of a subculture of unkempt young males sleeping in doorways and panhandling aggressively. A bumper sticker was the flash point.

July 04, 2010|By Tony Perry, Los Angeles Times

Reporting from San Diego Time was when "beach bum" was a phrase of endearment in laid-back Ocean Beach.

No more.

This normally quiet neighborhood is being torn by a dispute over the recent emergence of a beach subculture of unkempt young males sleeping in doorways, urinating in public places and panhandling aggressively.

The flash point was the appearance of bumper stickers proclaiming: "Welcome To Ocean Beach. Please Don't Feed Our Bums." The stickers sold at a local landmark business, The Black, better known for the sale of bongs, posters and jewelry are flying off the shelves and cropping up on shop windows and cars around town.

The community seems split between residents who feel it's about time something was done and those who feel the bumper sticker is crass and out of character with Ocean Beach's traditional tolerance for all manner of idiosyncratic lifestyles.

"It's ironic that it's happening in this community known for its live-and-let-live spirit," said Tony Manolatos, spokesman for San Diego Councilman Kevin Faulconer, who represents Ocean Beach. "That said, they're targeting one kind of homeless: able-bodied white males with laptops and cellphones."

Kathryn Rhodes, a member of the city's homeless task force, said she finds the sticker "dehumanizing" toward the homeless population. But she concedes that Ocean Beach has a growing problem.

"They're saying that homeless are like animals, and that's not good," Rhodes said. "But we've got a lot of young men just hanging out and getting pretty aggressive in asking for money. It's not fun, it's very rude."

In hopes of cooling local passions, which have sparked several street-level confrontations, a coalition of churches is hosting a town meeting Tuesday in the parish hall at Sacred Heart of Ocean Beach.

"We recognize the complexity of homelessness. We regret the polarization which has occurred in our community," the group said in announcing the meeting.

This is a palm tree-lined neighborhood where the annual Kite-Flying Contest in March and the Street Fair and Chili Cook Off in June are, as the community website notes, "high holy days."

O.B., as residents call it, is not just a residential enclave, but a state of mind.

Surfers, motorcycle club members, young families, retirees, artists, unreconstructed hippies and a colony of feral cats have long lived here in harmony.

But these days, San Diego police who patrol Ocean Beach begin their mornings by rousing sleepers from the doorways of businesses.

"If someone is blocking the sidewalk, we like to talk to them," said Sgt. Jack Knish as a colleague talked to a young couple sprawled in front of a Starbucks. "Yesterday, we had someone licking the window with their tongue."

After a polite discussion, the couple moved on to the parking lot next to the beach.

"We're not bums, we're travelers," said Lili Ford, 26. "We travel to Ocean Beach because most of the people are cool, and they help us with money."

A fellow traveler, Eric "Kandy" Diaz, 19, said he's made a discovery: "If you treat the police in Ocean Beach nice, they treat you nice."

The community has largely resisted the gentrification and commercialization that have transformed other beach communities in Southern California. The housing stock leans toward aging California bungalows and low-rise apartment buildings. Rent, never cheap, is at least affordable.

Newport Avenue, the main drag leading to the beach, has antique stores, small eateries, surf shops, comic book stores, hairstyling parlors, record stores and a bikini boutique.

The Ocean Beach Pier is popular with fishermen, and the beach is wide and accessible (and equipped with showers). A long stretch of it is open to dogs, no leashes required.

Hodad's, the near-legendary burger joint, has a sign telling the world, "No shirt, no shoes, no problem." Its delivery vehicle, a battered Volkswagen, gives its location as "The People's Republic of O.B."

"It ain't no Jack in the Box, man," said a Hodad's patron who identified himself as Will Freely. "That's what we like."

Before "Don't Feed the Bums," possibly the most popular local bumper sticker was "Keep Ocean Beach Funky." Or maybe the one that ordered "U.S. Out of O.B."

Frank Gormlie, editor of an Internet newsletter, http://www.obrag.org (put out by "freaks, uppity women and politicos"), started distributing his own sticker: "Welcome to OB Generosity, Caring, Empathy, Tolerance." The anti-bum sticker, he said, is a violation of the civic zeitgeist.

"This is not Ocean Beach," he said.

Maybe not, but at The Black, the stickers are selling briskly, priced to move at $1.48. "We can't keep them in stock," said a clerk, preferring to be known only as Jeff.








I remember being in San Diego 18 years ago and feeling that the homeless looked healthier than I did. At least in NYC the homeless make you feel good about yourself

 

Peach Extraordinaire



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  posted on 7/6/2010 at 12:26 PM
quote:
quote:
We've all heard the true stories about the abuse of fruit and produce workers. It is a shameful part of our history that goes on with hardly anyone objecting to it.


Everyone has a choice. There is always an option. In this case my reference is to the ILLEGAL worker....Don't like the way you're being treated?...You have a choice. Go home.


Well, if they required more fair wages for farm workers then maybe non-illegals would take the jobs. Illegals come here to fill jobs that citizens don't want. Maybe fair wages will and cracking down on welfare will make citizens take these jobs. If you are against illegals, then make it a greater punishment to hire them. It makes me angry when I hear a coworker complain all the time about illegals all while hiring an illegal as a nanny. Either you don't want illegals here, are willing to pay more for labor, and you refuse to hire them or you accept illegals here and are the cheap labor they provide. You can't have it both ways. Whenever I hear someone complain about illegals and then hear that they went down to the Home Depot and hired one to help work in their yard I want to smack them upside their head. Either don't hire them or shut the f*ck up.

 

Zen Peach



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  posted on 7/6/2010 at 12:29 PM
quote:
quote:
Whoa, man! Like, dude! Dude!!


quote:
http://articles.latimes.com/2010/jul/04/local/la-me-beach-20100704


Ocean Beach 'bums' test a laid-back community's tolerance

Seaside enclave is being torn by a dispute over the emergence of a subculture of unkempt young males sleeping in doorways and panhandling aggressively. A bumper sticker was the flash point.

July 04, 2010|By Tony Perry, Los Angeles Times

Reporting from San Diego Time was when "beach bum" was a phrase of endearment in laid-back Ocean Beach.

No more.

This normally quiet neighborhood is being torn by a dispute over the recent emergence of a beach subculture of unkempt young males sleeping in doorways, urinating in public places and panhandling aggressively.

The flash point was the appearance of bumper stickers proclaiming: "Welcome To Ocean Beach. Please Don't Feed Our Bums." The stickers sold at a local landmark business, The Black, better known for the sale of bongs, posters and jewelry are flying off the shelves and cropping up on shop windows and cars around town.

The community seems split between residents who feel it's about time something was done and those who feel the bumper sticker is crass and out of character with Ocean Beach's traditional tolerance for all manner of idiosyncratic lifestyles.

"It's ironic that it's happening in this community known for its live-and-let-live spirit," said Tony Manolatos, spokesman for San Diego Councilman Kevin Faulconer, who represents Ocean Beach. "That said, they're targeting one kind of homeless: able-bodied white males with laptops and cellphones."

Kathryn Rhodes, a member of the city's homeless task force, said she finds the sticker "dehumanizing" toward the homeless population. But she concedes that Ocean Beach has a growing problem.

"They're saying that homeless are like animals, and that's not good," Rhodes said. "But we've got a lot of young men just hanging out and getting pretty aggressive in asking for money. It's not fun, it's very rude."

In hopes of cooling local passions, which have sparked several street-level confrontations, a coalition of churches is hosting a town meeting Tuesday in the parish hall at Sacred Heart of Ocean Beach.

"We recognize the complexity of homelessness. We regret the polarization which has occurred in our community," the group said in announcing the meeting.

This is a palm tree-lined neighborhood where the annual Kite-Flying Contest in March and the Street Fair and Chili Cook Off in June are, as the community website notes, "high holy days."

O.B., as residents call it, is not just a residential enclave, but a state of mind.

Surfers, motorcycle club members, young families, retirees, artists, unreconstructed hippies and a colony of feral cats have long lived here in harmony.

But these days, San Diego police who patrol Ocean Beach begin their mornings by rousing sleepers from the doorways of businesses.

"If someone is blocking the sidewalk, we like to talk to them," said Sgt. Jack Knish as a colleague talked to a young couple sprawled in front of a Starbucks. "Yesterday, we had someone licking the window with their tongue."

After a polite discussion, the couple moved on to the parking lot next to the beach.

"We're not bums, we're travelers," said Lili Ford, 26. "We travel to Ocean Beach because most of the people are cool, and they help us with money."

A fellow traveler, Eric "Kandy" Diaz, 19, said he's made a discovery: "If you treat the police in Ocean Beach nice, they treat you nice."

The community has largely resisted the gentrification and commercialization that have transformed other beach communities in Southern California. The housing stock leans toward aging California bungalows and low-rise apartment buildings. Rent, never cheap, is at least affordable.

Newport Avenue, the main drag leading to the beach, has antique stores, small eateries, surf shops, comic book stores, hairstyling parlors, record stores and a bikini boutique.

The Ocean Beach Pier is popular with fishermen, and the beach is wide and accessible (and equipped with showers). A long stretch of it is open to dogs, no leashes required.

Hodad's, the near-legendary burger joint, has a sign telling the world, "No shirt, no shoes, no problem." Its delivery vehicle, a battered Volkswagen, gives its location as "The People's Republic of O.B."

"It ain't no Jack in the Box, man," said a Hodad's patron who identified himself as Will Freely. "That's what we like."

Before "Don't Feed the Bums," possibly the most popular local bumper sticker was "Keep Ocean Beach Funky." Or maybe the one that ordered "U.S. Out of O.B."

Frank Gormlie, editor of an Internet newsletter, http://www.obrag.org (put out by "freaks, uppity women and politicos"), started distributing his own sticker: "Welcome to OB Generosity, Caring, Empathy, Tolerance." The anti-bum sticker, he said, is a violation of the civic zeitgeist.

"This is not Ocean Beach," he said.

Maybe not, but at The Black, the stickers are selling briskly, priced to move at $1.48. "We can't keep them in stock," said a clerk, preferring to be known only as Jeff.








I remember being in San Diego 18 years ago and feeling that the homeless looked healthier than I did. At least in NYC the homeless make you feel good about yourself


Best "homeless" sign I ever saw a person hold up was outside a supermarket in San Diego...

"I'LL BE HONEST. I JUST WANT A BEER."

I gave him $5.

 

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Zen Peach



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  posted on 7/6/2010 at 02:56 PM
quote:
quote:
In California, you get paid overtime for any hours over 8. It doesn't matter if you work any other days that week at all. If you work 10 hours one day, you get paid for 2 hours of overtime. I was not aware that doesn't apply to farm workers. It should.


Allen, agriculture has different laws applied to labor from those in the field too those delivering produce in trucks. It is based on giving the farmers time to get their produce to market without extra expense.

It is also a ploy for more tax revenue. They tax overtime seperate than regular pay and at a higher rate. On average you make more money on O to 5 to 7 hours of overtime a week as opposed to straight pay for same hours. If you work more overtime than that, your gross income is higher of course but your net is lower that if you were payed stright time for that same amount of hours. If that is kinda hard to follow, maybe this will make it easier ?

If you work and are payed more than 7 hours a week overtime at time and a half, your gross will be higher but your take home pay will be less than if you were payed striaght time for those same hours.


Right, because of the withholding. But at the end of the year, you still owe what you owe based on your income. If they took too much out on you, by taxing the overtime at a higher rate, you will get it back at the end of the year.

 

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Peach Head



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  posted on 7/7/2010 at 08:46 PM
Actually, many, many people are at work 40 hours, but get paid for 35, due to lunch and mandatory break periods, so for once, Gina is not entirely wrong.

I know someone will start ranting about break times, but please keep in mind that they were created in response to deplorable work conditions which forced laborers to work endless hours with no breaks, sick time, vacations, etc. Breaks were created to make work a little more humane.

 

Zen Peach



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  posted on 7/8/2010 at 09:45 AM
quote:
Actually, many, many people are at work 40 hours, but get paid for 35, due to lunch and mandatory break periods, so for once, Gina is not entirely wrong.

I know someone will start ranting about break times, but please keep in mind that they were created in response to deplorable work conditions which forced laborers to work endless hours with no breaks, sick time, vacations, etc. Breaks were created to make work a little more humane.


You are supposed to get paid for your breaks. 2 a day, for 10 minutes. Being "at work" for 40 hours isn't the same as working 40 hours. In the construction industry, the 40 hour work week is standard. Many big companies have been working four days a week for years, but 40 hours is still a week. And 40 hours means 40 hours. That's what you get paid for.

 

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Universal Peach



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  posted on 7/8/2010 at 10:49 AM
quote:
<<30 hours is part time, 35 is full time.>> is Gina's statement. Under federal law, hourly paid workers begin overtime after 40 hours.

I just want Gina to defend where she says 35 hours is fulltime and if she can present to every employer I have ever had.


Here in New York, many of our local, county, and state employees work a 35 hour work week. I held a county position for over 9 years and a bi weekly pay period was 70 hours total, i.e a 35 hour work week. I was management and did not receive over-time pay for anything over 35 hours per week.

 
 


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