This is bs

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reaver18

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I'm 16 and work at a movie theatre. I got scheduled for 6 days/46 hours next week including an 8 hour shift on Xmas. Apparently, movie theatres are exempt from paying overtime so I'll be working extra for nothing. How is this legal?
 
Movie theatres are exempt from the overtime law? o.O Curious.

Maybe there's just something I don't know, but this sounds hella fishy. Isn't it illegal for minors to work overtime regardless?
 
reaver18 said:
I'm 16 and work at a movie theatre. I got scheduled for 6 days/46 hours next week including an 8 hour shift on Xmas. Apparently, movie theatres are exempt from paying overtime so I'll be working extra for nothing. How is this legal?
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No they're not. Report them.
 
I'm curious as to why you don't tell your boss to suck your dick next time you see him.

Surely you have another talent besides ripping tickets in half ?
 
Here's from the US Department of Labor's site regarding overtime as covered in the Fair Labor Standards Act. I'm too lazy to read it (and not American, so can't be bothered to). This may help:

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

Fact Sheet #23: Overtime Pay Requirements of the FLSA
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This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA.
Characteristics

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.
Requirements

Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness.

Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.

Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421.

Where non-cash payments are made to employees in the form of goods or facilities, the reasonable cost to the employer or fair value of such goods or facilities must be included in the regular rate.
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Typical Problems

Fixed Sum for Varying Amounts of Overtime: A lump sum paid for work performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even though the amount of money paid is equal to or greater than the sum owed on a per-hour basis. For example, no part of a flat sum of $90 to employees who work overtime on Sunday will qualify as an overtime premium, even though the employees' straight-time rate is $6.00 an hour and the employees always work less than 10 hours on Sunday. Similarly, where an agreement provides for 6 hours pay at $9.00 an hour regardless of the time actually spent for work on a job performed during overtime hours, the entire $54.00 must be included in determining the employees' regular rate.

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $300. In this instance the regular rate is obtained by dividing the $300 straight-time salary by 45 hours, resulting in a regular rate of $6.67. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($3.335 x 5 = $16.68).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
Where to Obtain Additional Information

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. Copies of Wage and Hour publications may be obtained by contacting the nearest office of the Wage and Hour Division listed in most telephone directories under U. S. Government, Department of Labor or by calling our toll free number 1-866-4USWAGE.
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Burger said:
I'm curious as to why you don't tell your boss to suck your dick next time you see him.

Surely you have another talent besides ripping tickets in half ?
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I agree. You're 16 - there are plenty of other jobs you can do that won't work you like that.

EDIT: I see you've already responding to this point.
 
This is an outrage. MPAA should get on it since they care about everyone from the lowly theater employee to the guy working at the packaging plant to the guy who designs the posters. I'm going to e-mail them right away.
 
So you're saying you'll get paid a normal wage while working on Christmas? I don't know if there are laws that force employers to pay more than the normal wage on Christmas days. If not, it sucks. But is it annoying enough for you to quit your job?
 
i remember the fun of working at a movie theater, only worked there so i could go to see movies for free whenever i wanted. i don't understand the point of being open on xmas day, i've never heard of anyone going to movies on xmas and i never have. when they tried to schedule me on xmas i told them no way.
 
reaver18 said:
I'm 16 and work at a movie theatre. I got scheduled for 6 days/46 hours next week including an 8 hour shift on Xmas. Apparently, movie theatres are exempt from paying overtime so I'll be working extra for nothing. How is this legal?
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I wouldn't work Xmas. Quit. You can work somewhere else.
 
Cinemas are absolutely horrid to work in. The employees are inept and you have to deal with the most unpleasant people.
 
SofaKing said:
i remember the fun of working at a movie theater, only worked there so i could go to see movies for free whenever i wanted. i don't understand the point of being open on xmas day, i've never heard of anyone going to movies on xmas and i never have. when they tried to schedule me on xmas i told them no way.
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Me and my Polish friends have a tradition of going to see a movie on Christmas day. Christmas Eve is the big day in our culture, so we're left pretty bored on the 25th because all of our caker(Canadian) friends are busy with family stuff, our solution is to go to the movies, and a genius solution it is.
 
SofaKing said:
i remember the fun of working at a movie theater, only worked there so i could go to see movies for free whenever i wanted. i don't understand the point of being open on xmas day, i've never heard of anyone going to movies on xmas and i never have. when they tried to schedule me on xmas i told them no way.
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you'd be shocked, but from my experience working in a movie theatre (WAAAAAAAAAAAY back in the day) Tons of people showed up on thanksgiving and Christmas. In fact, we opened late that day (figuring people would spend extra time with presents) to be greeted by a horde of angry parents who didnt want to wait for their kids to see the latest inane holiday flick.

Why so many people going to the theatre? Think about it. What else is open? EVERYTHING ELSE EVERYWHERE is closed. Restaurants, malls, stores, you name it- it's closed on christmas. There's literally nowhere else to go if you don't want to be stuck at home roasting chestnuts on an open fire.

In contrast, the ONE day of the year where NO one showed up? Superbowl Sunday.
 
Manmademan said:
you'd be shocked, but from my experience working in a movie theatre (WAAAAAAAAAAAY back in the day) Tons of people showed up on thanksgiving and Christmas. In fact, we opened late that day (figuring people would spend extra time with presents) to be greeted by a horde of angry parents who didnt want to wait for their kids to see the latest inane holiday flick.

Why so many people going to the theatre? Think about it. What else is open? EVERYTHING ELSE EVERYWHERE is closed. Restaurants, malls, stores, you name it- it's closed on christmas. There's literally nowhere else to go if you don't want to be stuck at home roasting chestnuts on an open fire.

In contrast, the ONE day of the year where NO one showed up? Superbowl Sunday.
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>_< I dodged like ten bullets this year. They said some of our stores were opening up on Christmas day. Thank goodness ours wasn't included.
 
The only cool job in a theater is a projectionist and you have to be 18. Quit your job. Actually, call in sick on Xmas and then show up that evening to see a movie with a bunch of friends.
 
Damn, things have changed since I was 16. I'd have worked the shifts, and loved the pay check when it showed up. Does it suck working Christmas? Hell yeah, but you suck it up an make the most of it and do the job. It's called work for a reason, and you won't be able to quit every job just because they expect you to work extra hours or on days that you might normally have off.
 
Klaxon said:
Um, another point that made me think:

Who watches a movie on Christmas except sad singles with no family?
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My wife and I left our two kids who were asleep, with their grandparents and snuck out for a movie last year, so the answer to your questions would be sad singles with no family and RedDwarf and his wife.
 
Klaxon said:
Um, another point that made me think:

Who watches a movie on Christmas except sad singles with no family?
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It's actually one of the busiest movie days of the year, along with Thanksgiving. After presents are opened, and the day is spent with the family, many people go out in the later afternoon or evening to see a movie. Drive by a theater parking lot on Christmas Night. You might be surprised.
 
Kung Fu Jedi said:
Damn, things have changed since I was 16. I'd have worked the shifts, and loved the pay check when it showed up. Does it suck working Christmas? Hell yeah, but you suck it up an make the most of it and do the job. It's called work for a reason, and you won't be able to quit every job just because they expect you to work extra hours or on days that you might normally have off.
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For truth: you're nuts not to want 48 hours worth of bucks at sixteen years old. Hell, I used to take the shittiest possible jobs that anyone would offer just because there was no other way for me to save up for a PlayStation or games.

Work the hours, get your bucks, buy cool stuff.
 
Kung Fu Jedi said:
It's actually one of the busiest movie days of the year, along with Thanksgiving. After presents are opened, and the day is spent with the family, many people go out in the later afternoon or evening to see a movie. Drive by a theater parking lot on Christmas Night. You might be surprised.
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Hmm, ok. I never thought about this. I watched a Bruce Lee-movie with my family last year on Christmas Eve on television.
 
There are two ways to respond here:

1.) Bitch and whine about how it's not fair. You'll probably get a day off so you're not working "overtime".
2.) Suck it up, work those hours, work extra hours, and be the best employee you can be. You'll get considered for raises and promotions before other employees, you'll have a great reference if/when you leave the job in the future, and you'll be prepared for real world work.
 
Klaxon said:
Um, another point that made me think:

Who watches a movie on Christmas except sad singles with no family?
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My family goes to a movie almost every christmas and it's usually kinda crowded. Let this question die already.
 
Seeing Godfather III on opening day/christmas day really soured me on the going to movies on holidays idea.
 
demon said:
My family goes to a movie almost every christmas and it's usually kinda crowded. Let this question die already.
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Yeah, not to mention not everyone celebrates Christmas. A lot of people who don't, go out for chinese food and then movies! Or so I hear...
 
Kung Fu Jedi said:
Damn, things have changed since I was 16. I'd have worked the shifts, and loved the pay check when it showed up. Does it suck working Christmas? Hell yeah, but you suck it up an make the most of it and do the job. It's called work for a reason, and you won't be able to quit every job just because they expect you to work extra hours or on days that you might normally have off.
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When you're working some shit highschool "earn spending money" job there is NO reason to work Xmas that week. You shouldn't be making "sacrifices" for your job.

Out of college and just started your first real career job? Then you work holidays or weekends when they ask.
 
ToxicAdam said:
I think once you are 16, you are not considered a child anymore.
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VT-Vick-Marcus.jpg


"Oh Hellz yea!"
 
GDJustin said:
When you're working some shit highschool "earn spending money" job there is NO reason to work Xmas that week. You shouldn't be making "sacrifices" for your job.

Out of college and just started your first real career job? Then you work holidays or weekends when they ask.
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Sorry, but I have to disagree. There is a reason to work Christmas, and that's because your job is open and running. It's a job, and if you want to keep getting paid, you go to work and do your job, regardless of your age. Now hopefully the boss realizes that it's no fun to be working on Christmas and does some things to make up for it, like ordering pizzas or bringing other snacks so people can take frequent breaks and have a little fun.

It's never too early to start thinking about building your work ethic and getting a feel for what work is all about. Thinking you should quit a job just because work has a few extra demands on you from time to time, is no work ethic at all. Aside from missing some time with the famly on Christmas Night, I don't really see the "sacrifice" here. No places are open Christmas Eve, and the few places that are open on Christmas Day generally don't open again until late afternoon or early evening.

Perhaps I was just raised in a different era (I'm 37), in which you were taught to take your work serioiusly, work hard no matter what your job, and own up to your responsibilities. Bailing on a job because you have to work extra hours doesn't seem to meet those criteria to me.
 
Klaxon said:
Um, another point that made me think:

Who watches a movie on Christmas except sad singles with no family?
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There's nothing but families there. Like someone else said, there's nothing to do after opening your crap in the morning. There's nothing on TV and you're pretty much stuck with everyone for the evening, so why not catch a new flick?
 
I agree with Kung Fu. I worked at Best Buy when I was 16, and they worked me like a slave from the day after thanksgiving to early january. The days I had school I worked 4-10, the days we were on break I would have ATLEAST an 8 hour shift 6 days a week, starting as early as 7:00am. Trust me, the pay check with was well worth it for a 16 year old with no bills, not to mention management took notice of my hardwork and I got to avoid several hardships and inconveniences that others had to go through such as switching departments, working the register, or doing the bi-annual inventory where you have to work until 3:00am on a saturday. Also, got a nice raise during my annual review, and the manager specifically cited my holiday work.
 
Haleon said:
There are two ways to respond here:

1.) Bitch and whine about how it's not fair. You'll probably get a day off so you're not working "overtime".
2.) Suck it up, work those hours, work extra hours, and be the best employee you can be. You'll get considered for raises and promotions before other employees, you'll have a great reference if/when you leave the job in the future, and you'll be prepared for real world work.
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Not that I specifically disagree with number 2 or anyone else in here that is encouraging a "growing and good work ethic," but quite frankly it's pretty clear this isn't some kind of career path for the guy. I mean, seriously, I worked at a McDonalds in high school and would work my shifts (though never had those kinds of hours), but did I sit around wondering if I was being considered for "raises and promotions before other employees"? Not really, because unlike the 35 year old working the register next to me my next step in life didn't involve the ambition to be the shift manager the next year.

And you know what, screw the great reference too, do you think any of my high school jobs go on my resume anymore - HAHAHAAAA!!! Uhhh, no.
 
Phobophile said:
There's nothing but families there. Like someone else said, there's nothing to do after opening your crap in the morning. There's nothing on TV and you're pretty much stuck with everyone for the evening, so why not catch a new flick?
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Ok, I think the problem here in Germany is that we unpack all the stuff in the evening of the 24th not in the morning of 25th and everything is closed on that day.
 
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