The Mudcat Café TM
Thread #47343 Message #707370
Posted By: JohnInKansas
09-May-02 - 10:25 AM
Thread Name: BS: US / UK work differences
Subject: RE: BS: US / UK work differences
As several people have pointed out, work schedules and benefits are extremely variable in the US.
Although we have, relatively, very low unemployment in most areas, a rather large percentage of jobs are in "minimum wage" occupations. (Chambers of Commerce say "we have lots of service job openings.") What this means is that they would pay you less if they could legally. There are federal regulations requiring minimum pay for any company "doing business with the government," "engaging in interstate commerce," or - in some cases "employing more than a certain number of people." Most, but not all, states also have their own "minimum wage" laws, that may set the same or different minimum rates, and may impose coverage on additional occupations.
A common gambit is to pay less than the legal minimum wage, and to claim that the employee receives the rest in "tips." The IRS abets this process by forcing the employer to record and report the tip income of employees, or - if the employer doesn't keep the records, by "imputing" tip income of 10% of the employers gross sales and making the employees pay income taxes on it.
A few employers have been known to demand that all tips be turned in. They return 10% to the employees and keep the rest (usually without reporting it as income).
Most people in such jobs get no paid vacation, and minimal, if any, paid medical insurance. Depending on the "generosity" of the employer, they may be permitted to take unpaid leave, or they may simply be "replaced" if they don't show up.
A "thoughtful" minimum wage employer may enroll the company in a medical insurance plan - usually to get his own "plan policy" at a reduced rate. This may qualify employees for "reduced rate" insurance if the employee wants to pay for it.
Because the pay is so low, a very large percentage of people in these occupations are willing to work as much "overtime" as possible, because they need additional income to maintain a subsistence life style.
Unfortunately, certain tax regulations provide an incentive for employers at this level to limit hours worked by any individual. An employee who works less than 2 (I think that's the current) consecutive "quarters" is exempted from collection of FICA (social security tax) and the employer evades paying his "matching tax." Such employees are also "exempted" from most minimum wage regulations. There are other, similar "weasel holes" for employees who work less than 40 hours per week. One fairly large "branch" of a national fast food chain was recently convicted of "hiring" the same individual under three different names (with three bogus Social Security numbers) in order to let him work enough hours to survive without subjecting the business to "extra costs." (There were about 7 individuals involved, working under 19? different names.)
The "typical" large corporate job assumes "straight time" pay for 40 hours per week, 2088 hours per year. Ten paid holidays per year is fairly typical, although the range may be from 7 to 12(?). One week of paid vacation after the first full year of employment is fairly usual. It may require two to five years to qualify for the "standard" two week vacation. Some fairly typical companies add 2 days per additional year worked. Most companies that I have had experience with limit the maximum paid vacation to 30 working days, although I have heard of a few that allow as much as 60 days (for a few very old employees).
For most such companies, it has been negotiated by unions that no more than half of the current year vacation can be "carried over." Use it or lose it. The same contracts generally prohibit "pay in lieu of vacation." The reason for these provisions is that too many companies were forcing employees to "defer" vacation indefinitely, or to take pay in lieu of time off.
Companies like these will typically allow 10 working days sick leave for each day worked. Ability to carry over unused sick leave, or to be paid for "banked" sick leave is extremely variable.
Although it is common for people in some occupations to use sick leave as "alternate vacation time," there is a "snag" in this practice. IRS regulations say that after the third consecutive day, sick leave pay is a "benefit" and not pay for work performed. This means that the employer is not required (or is required not) to withhold FICA tax from sick pay after the third day. In most states, he is required to pay additional "occupational security tax" (unemployement/disability tax) on these amounts. An employer who does not confirm that you are sick before paying sick leave is in violation of federal regulations - and probably of state law.
Most such companies do provide some form of paid medical insurance. It ranges from "HMO DEATH" to fairly decent full coverage. There is an increasing trend toward making employees pay part of the cost of medical insurance, although most employers may provide minimal insurance for the employee (probably not his whole family) without significant additional payment. Companies in this category typically claim to pay near $300 per month per employee for medical insurance, and the typical married-with-family employee may pay one or two hundred per month for "extended benefits" or "alternate plan" coverage.
Large companies tend not to pay overtime to salaried employees, pay only for hours in excess of some "minimum" (44, 48, or 60 hours tend to be the weekly minimums) and usually pay at a rate less than for "regular hours." Hourly paid employees can expect 1.5 times regular rate for hours over 40 per week. Some may get 2x for hours over 48 or on Sunday - but it varies.
Under most union contracts, an hourly employee can be dismissed for refusing to work scheduled overtime, but the contracts also usually limit maximum hours worked per week. 48 hours is a common max, although some contracts permit 60. Some permit 60, but only for one week. Some require the company to permit a full 2-day weekend at least every third week ... etc.
Truckers are a separate case worth discussion, but this is already more than anyone wants to know - and of course is entirely MOHO.