Day 137 - 19 Jun 95 - Page 40


     
     1   Q.   I do not want percentages.
     2        A.  -- the bulk of the people would receive the middle one.
     3
     4   MR. MORRIS:  Could we clarify what the middle one is we are
     5        looking at?
     6        A.  20.
     7
     8   MR. RAMPTON:  It was 15.
     9
    10   MR. JUSTICE BELL:  It was 15, now 20.
    11
    12   MR. RAMPTON:  So there would be some people who got to 10 but
    13        had not got as far as 15 on this chart?
    14        A.  There certainly would be.
    15
    16   MR. RAMPTON:  My Lord, would your Lordship like me to ask about
    17        overtime now or would your Lordship like to stop now?
    18
    19   MR. JUSTICE BELL:  Start and then take a convenient moment.
    20        I do not mind going on until about five to but not later
    21        than that.
    22
    23   MR. RAMPTON:  My Lord, I will just do overtime; it does not take
    24        very long and then I will sit down.  (To the witness):  In
    25        the United States, are we right in supposing the Federal
    26        law requires companies to pay overtime?
    27        A.  Yes -- I did not hear the first part.
    28
    29   Q.   Are we right in thinking that Federal law requires payment
    30        of overtime?
    31        A.  Yes, it does.
    32
    33   Q.   At what point in the total number of hours worked in a week
    34        does overtime start?
    35        A.  It begins after 40 hours.
    36
    37   Q.   After 40 hours, so the first minute of the 41st hour counts
    38        as overtime, does it?
    39        A.  That is correct, sir.
    40
    41   Q.   Must I be paid if I work beyond 40 hours proportionately
    42        for every bit of each hour that I work over 40 hours?
    43        A.  That is the legal requirement, yes.
    44
    45   Q.   It has to be apportioned?
    46        A.  Yes, absolutely.
    47
    48   Q.   Do you in McDonald's in the United States have (as we do in
    49        this country) different rates of pay for shifts worked at
    50        different times of day or not? 
    51        A.  Yes.  I would refer that to opening and closing, and 
    52        there would be differentials. 
    53
    54   Q.   So if I started, let us say, if I had done 42 hours in a
    55        week and some of those hours had been spent, let us say,
    56        opening or closing ---
    57        A.  Yes.
    58
    59   Q.   -- then I would get that differential as well as the
    60        overtime, would I?

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