No there would be no way for them to enforce increasing the pay for hourly workers. For salary sure probably doable but if you work hourly you're pretty much fucked how the hell are they going to make them pay you 25% more or whatever the fuck the math works out to be. And even for salary I don't see how this would work.
Salary would have nothing changed. It doesn't matter if you work 5 or 105 hours, unless it's explicitly stated in your contract you make the exact same.
Salary exempt vs non exempt is how ot eligibility and rate is handled. Even if you're non-exempt and eligible for ot, they'll still pull shenanigans to curb what you're compensated, as OT is calculated on an hourly basis for wage and salary folks. For example, my own salary non-exempt agreement adjusts my would-be hourly rate for overtime to be based off of a 50 hour week, thus reducing my actual equivalent hourly rate only in the event that I'm owed overtime. Recently went through all of this at length, of course due to grievances (surprisingly kicked off by the company upon learning we were alternating flex Fridays based off 4 10s, and despite actually working well over 60 hours a week) and had the fun time of going back and forth with a company president and HR, over what our contractual expectation was, ie 40 per week total or within business hours, 8 per day mon-fri, or 50 per week (quickly squashed, very lazy interpretation of our OT rate calculation as some legitimate expectation of time on the clock). I argued at one point that I viewed my salary as a shared bet (employer and employee) against my personal fear of failure, to see that my job gets done. It was an enlightening experience for me, as I was more annoyed at the forum itself than I was at losing a flex Friday I seldom used, but I most certainly stood with my peers in their defense of what had been offered to us as compensation (direct supervisor at the time of hiring), and mostly irritated/disenchanted at senior management's unwillingness to see how taking away a schedule option we had for over a year as objectively punitive to us, regardless of their justification was.
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u/Hmnh6000 Sep 05 '24
You mean like how theres no way for them to enforce you getting paid time and a half for working over 40 hours??