Time and a half for over 40 hours

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My niece just started working for a company yesterday. She is working in a convenient store that also sells gas. She has almost no job experience. She says her boss does not pay time and a half for over 40 hours.
I am assuming that if she says anything, the boss will just quit telling her to come in. What is the best way to address this problem?
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Met,
The US Dept of Labor may be reached at 866 487-9243.
Good luck, Dave M.
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wrote:

Sounds like it's required for the job. I've had jobs were time-and-a-half wasn't paid (only straight time) but mostly overtime was paid at zero times. ;-)

Take immaculate records. Keep all pay stubs. Contact the state labor relations board after she leaves the job? Sue for back pay? This is highly jurisdiction dependant.
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On 4/3/2013 6:02 PM, snipped-for-privacy@attt.bizz wrote: ...

It's part of federal fair labor act as far as minimum reqm'ts--many states including GA have incorporated parallel state statutes as well or some additional reqm'ts but if actually a covered position then the 1.5X part is pretty much universal.
--


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On 4/3/2013 5:38 PM, Metspitzer wrote:

Well, if she only started yesterday she can't have come close to having even worked 40 hrs, what more over. "Don't cry until you've been hurt."
If this really comes to pass and is repetitive and clearly deliberate, USDOL has enforcement offices in Hotlanta and probably other major cities in the State or she can contact the GA DOL directly.
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Metspitzer wrote:

Tell her to get the hell out of that job.
If she stays, she will almost certainly be faced with an armed robbery situation at some point.
Working in a convenience store in the US is one of the riskiest jobs around.
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I thought she would be armed? Guns cure everything people here believe.
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Home Guy wrote:

Yeah.... She would be better off working as a stunt man in an Evil Knevil picture.....
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The best way is to inform yourself as to whether or not there is an actual legal violation occurring here. You need to be very careful to ascertain that your niece is actually legally entitled to overtime pay before confronting her employer and getting her into a possibly embarrassing or damaging situation.
Using Google, I was able to determine that wages are federally regulated.
How overtime-work hours are determined: <http://www.dol.gov/whd/overtime_pay.htm Who does or does not qualify for time-and-a-half, and when: <http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf
--
Tegger

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Forgot to post the link to the Georgia Dept. of Labor's site: <http://www.dol.state.ga.us/em/employment_laws_rules.htm
--
Tegger

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wrote:

After working over 40 hours, a person is worn out and dont work as hard, so they should get HALF the pay, not "time and a half". :)
Seriously, jobs like that dont pay real well anyhow and it's easy to find another person to replace one who is fired. Just how many hours over 40 is she working? If it's only a few, I'd say just let her keep her job. Jobs are hard to find in most places these days and with no experience, even harder. Otherwise someone will need to contact whatever labor association that state has, and file a grievience. But that will likely get her fired. If shes expected to work 60 or 70 hours, I'd do something, but if its 43 hours, forget it. That likely amounts to less than $20 anyhow. Some job is better than no job.
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On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer wrote:

that's because she won't ever get over time. these places hire enough people to make it so no one ever gets over time. this also cuts back on having to provide insurance. there are exceptions. contact your state's wage and hour division and ask them if the store is required to pay or not.
http://www.dol.gov/compliance/guide/minwage.htm
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Before I retired, I was an engineer which the government classified as "professional management".... There is an exemption for such people to be paid a fixed salary, and any additional hours that might be required get ZERO overtime pay..... This is the present law...
It didn't bother me a bit. I got great raises every year, often a year end bonus, and, most of the time only slight overtime was required except for exceptional circumstances when I was expected to do whatever was required to meet the needs of the company...
The distinction is this.... : Some employees try to work the minimum hours, take the maximum coffee breaks and sick leave, and go to a better job with minimum notice given as soon as another opportunity presents itself.
Other employees are working as if they are partners in the company, putting in whatever time is needed to get thru a crisis , and don't care about maximizing how much time they can get paid for without working but rather "how can my time be better used to benefit the company".
Which type of employee do you think keeps their jobs in a recession, or that the company tries to hang on to ???
It's different attitudes that people have.... MY attitude worked well for me, and I retired at 55 with no complaints.
If I could advise your niece, I would suggest that she set goals for herself, determine what she needed to do to achieve those goals, make a plan , and put up with occasional crap that might come along without complaining.... It looks to me like she considers herself, now, to be a "worker bee" instead of a "supervisor bee"..... Unless she changes that approach, she will be at the bottom of the ladder all her life...
We all start out as worker bees. It's our attitude that makes the difference.
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On Wed, 3 Apr 2013 18:37:53 -0700 (PDT), Robert

I bet working for free does help you keep your job.
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Actually , I was never fired or "laid off" for my entire 35 year career, even tho I was working in the defense industry where typically, when a contract was filled, engineers were shed. I saw many many co-workers get pink slips -- many smarter and with more experience than myself -- and the only reason I could see was that the company wanted to "hang on" to people that it knew could be depended on..... It might not work everywhere, but it sure as hell worked at Bendix, Texas Instruments, and Raytheon....
And "working for free" didn't happen. That's why bonuses and "paid time off" were created. I have no complaints.
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On 4/4/2013 6:10 AM, Robert wrote:

I was a professional too and exempt from the labor laws. Never considered it a disadvantage as non-exempts did not make anywhere near as much even with a lot of overtime.
But, this is not true for girl in question and she is in a quandary at minimum wage without overtime but will be unemployed if she turns in employer. Bad deal, but maybe she should just go along with it for a while if she needs the money. This is just a starter job that most people would not want to remain in. I'm hearing today that college graduates are taking jobs like this just to make a little money and keep busy until something better develops.
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On Thu, 04 Apr 2013 19:45:29 -0400, Frank

A long time ago, I was working long hours (70+hrs per week) along side another engineer and a technician. The Technician was pulling down over a grand a week, with OT. Each of us were making a third of that. It pissed the other engineer off, no end. <shrug>

If she actually ever puts any OT in.

I used to live in a college town. We knew several students who waited tables through school. There's good money in that. The hours are great, too.
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On Thu, 04 Apr 2013 19:45:29 -0400, Frank

my time records to the department of labour and a couple months later I got my "banked overtime" X 1.5. And the other guys I worked with got theirs too, whether they stayed or had already left.
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Personal responsibility? What planet do you live on?
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I have to disagree on one point. There is no reason to ask a prospective employer if they follow the law or cheat the employees. You expect that they follow the law as reputable businesses do.
There is a chance here that the owner actually meant they do not give more than 40 hours, thus no overtime. That is fine, but if you work more than 40 for any reason, you must be paid properly.
Example: My daughter works for a medical practice. The manager told the workers the new rule is: you get paid for what you are scheduled to work. Usually 37 to 40 hours. If you work over your schedule for the week you get no extra. If you work more than 1 hour less than scheduled, the time is deducted.
That policy was in force for less than an hour. If you make employees exempt, you don't have to pay overtime, however, you still have to pay them the full wage even if they work less.
Same manager also tried to save money by having the office open at the same time as the first patient is scheduled, allowing no prep time or even for the patients to come inside to wait if they arrive a few minutes early. That did not last past one day either.
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