Overtime Rate??

[Sean-1966]

What is the going rate for overtime? I quoted time and a half today but was told that's too high. Make sense??

[f11vid]

It's time-and-a half.

[natspop]

It's time and a half for anyone from mcdonalds to you.

[A Step Above Productions]

I charge time and a half after 10 hours and double time after 12 hours. I charge this only for labor.

The rental part of my rate does not have ot.

[shade]

same as step.........time and half after 10 double after 12

[freedom]

Actually, by federal law, it's time and 1/2 after 8 hours. Anybody who tries to block that is violating federal law.
I have a client that has forced me to change to timesheet billing and requires an 8 hour rate. They offer a 10 hour guarantee but the billing is based on 8 hours. So I bill $50 for the first 8 and $75 for 9 & 10. Gear is separately invoiced.

[Skipcam]

I charge clients time and a half for overtime, but the rate is based on labor only, not equipment. If you have a Day Rate that includes everything, then you have to determine what portion of that is for the equipment. Back that out of the Day Rate, and multiply the rest by 1.5 and you have your OT Labor Rate.

[Matt Box]

Thats why my labor rate went up. ;)

[Lensmith]

Actually, by federal law, it's time and 1/2 after 8 hours. Anybody who tries to block that is violating federal law.

Isnt' that Federal Law about overtime based on a minimum wage rate?

If you're already being paid above two and half times minimum wage by the hour, or even after eight hours, then...I don't think the law applies.

[freedom]

I decided to take a look around...

Fair Labor Standards Act (FLSA): (29 USC 201)
This law is also known as "Wage/Hour" law, as it is enforced by the Wage & Hour Division of the U.S. Department of Labor (DOL). The FLSA has four main components: minimum wage requirements, overtime requirements, child labor regulations, and equal pay provisions.

The minimum wage rules apply to any employee of any company who produces goods for interstate commerce or engages in duties affecting interstate commerce during any workweek. In general, the law applies to most employees for work done for most employers, although there are certain exceptions for certain industries and locations.

Overtime rules require pay at 1.5 times the hourly rate of the employee for all hours worked over 40 in any workweek, unless the employee performs work which is considered "exempt" from overtime. Generally, to be exempt, the work must be of a "professional" character (e.g., work performed by a "knowledge worker," such as a lawyer, doctor, accountant, teacher, or other person in a profession which is predominantly intellectual in nature); or the person must be performing work primarily as a manager or supervisor (working foremen often are not exempt); or the person must be performing work of a high-level executive or administrative nature (e.g., work as a negotiator or agent, with substantial discretion and authority); or the person must be an outside sales representative.

So, legally, we have no 'right' to OT until we hit 40 hours. Therefore, it is a very good idea to get OT & other pay issues settled UP FRONT, preferably in writing. Otherwise employers can start spouting laws that can work against you. Many states have additional laws that add on to the federal law, the federal law is the minimum standard.

[dinosaur]

Does anyone charge only OT on 6th & 7th days (non-union jobs)?
or do you just consider it another workday, ST for the first 8 or 10?

[Skipcam]

Not sure I understand. Do you mean if you have a client that wants to hire you for more than 5 days in a row? Say...a 10 day shoot? I wish I had that problem. I think I would be able to offer that client the 6th, 7th, eighth day etc. as a OT after 10 hours day because you would be doing the same thing if you were to string together the same number of consecutive days, but with several clients, no single one of which is hiring you for more than 5 days. But as I've said, if thats the biggest problem you're having, live is pretty good! My bigger problem is the client that wants to hire a crew one day, but work us 17, 18, even as much as 24 hours and only pay time and a half over ten hours. I wish we could charge double time after 12 or 14 but clients balk, saying they have never heard of such a thing. Those long days are done so they don't have to pay for the gear a second day. They kill me.

[Icarus112277]

Never have long projects like that but I do work at a union shop where 6th and 7th are OT.

Most of the 10-hr places I work at break the rate up on the check to look like an 8+2OT.

[freedom]

Dino
Are you asking if the 6th & 7th day are ALL OT?

According to federal law, it's a 40 hour week that dictates when OT hits. If you do 10 hour days then by law, the FIFTH day and beyond, for the workweek is ALL time and 1/2! But that also seems to suggest that working 14 hour days for 2 days does not hit the federal standard for OT. So those 2 14 hour days are ALL straight time. I'm kind of suprised there isn't something in the federal law that limits that but I didn't find anything.
Union contracts all have rules as to when double time hits, usually at 12 or 14 hours.

[dinosaur]

I realize that 6th & 7th consecutive days are usually paid as overtime IF you are paid as an hourly employee ala ABC, CBS & NBC, but since we are considered independent subcontractors on most of our non-union jobs then its a very gray area for charging all OT on days # 6 & 7. Hour & Wage rules do not apply to independent subcontractors. I was just asking all of you, what is your common practice? I do work at a lot of events & productions that last 7 to 10 conscecutive days. Also, I do not extend "five for seven" day gear discounts except when mandated by the major networks in advance of the shoot.