Time and a half for over 40 hours

Page 2 of 5  
On Wed, 3 Apr 2013 18:37:53 -0700 (PDT), Robert

And that law does not apply to clerk in convenience stores. She is not qualified to be exempt.

While I can appreciate your suggestions under some circumstances, the law must still be obeyed. There is a difference between waiting an extra 10 minutes at a shift change or working 10 hour over the 40 and not getting the legal wage to be paid. That is allowing all employees to be abused. The prick needs to be hung out by the labor board.
I've been an exempt employee for over four decades (and worked many a 45 to 65 hour week), but that does not mean you sit back and let the company break the rules and abuse employees. Honest and legitimate business follow the law.
Save the motivational speech for a real job with a potential career.
Get that first pay stub and send a copy to the labor board.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Good advice.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Don't let her work nights in a convenience store. Ever. Or days, unless they have no stickups in the area. She has to see how it plays out. Maybe the store policy is simply "Nobody works over 40 hours because we don't want to pay time and a half." That can play out differently too. The boss might demand that certain things be done before you clock out, but you have to clock out at 8 hours. If you "forget" to clock out and work an extra hour to meet the demands he set up, it's not counted as overtime, or even straight time, because he told you that policy is an 8 hour day. Some people actually put up with this because they need that job. Others just walk away. There are also certain "exceptions" to get around the "+40 hour week equals overtime" with swing shifters. So you might work 48 hours one week and 32 hours the next week and get no overtime. So you have to check the laws in detail. Just tell her not to ask the boss these questions unless she feels comfortable enough to walk if she doesn't like his answers.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wed, 03 Apr 2013 22:30:00 -0500, Vic Smith wrote:

When I worked at a ski resort, part of my job was to keep track of employee hours in the department. Once you got your 40 hours in, you're done. You go home. "We don't pay overtime" usually means you'll never see it.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 4/4/2013 12:48 AM, richard wrote:

That was my thought too. At my job, if we go over 40, we don't get paid. "Overtime is NOT authorized". Fine with me. I'm used to 50 or 60 hour weeks (management).
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

I've long been suspicous of sites like ehow which claim to know everything about everything. But it might be true.

Is this expected to be a permanent job, or just until she finds a better job or starts school in September?

She shoudln't do anything public for a few weeks. Until the first supervisor written work review, if possible, if they have such things. So that there is a record that she's a good employee. But she should keep careful records, contemporaneous records (that is, recorded when something happens, like when she gets to work and when she leaves work.)
When I was a contractor, I used to keep such records because we only billed the client in full hours afaict. Most people bille 8 8 8 8 8, but I stayed late sometimes, I got in late sometimes, I talked to my mother on the phone for long periods (after 4:30 but then I went back to work) so I kept track of my actual hours worked, and kept track of the discrepancy between that and and 7, 8, 9 hours per day. I once over time fell 3 hours behind how much I was supposed to work, but otoh, once I was 3 or 4 hours ahead. When I finally left, I had billd just what I worked, no more, no less. (I also kept track of personal phone calls and goofing off and if it totaled more than a 15 minute coffee break in the morning and one in the afternnon, I deducted that from the amount I billed for. They never asked about my hours. I'm not sure if that's because I got the work done well or just because they trusted me.
Some states have a wage and hour, or employment something division of the state government. after her first positive review, I would talk to them. Oh, and after a couple weeks in which she works more than 40 hours. Or maybe I would call anonymously now. Maybe gas stations are an exception to the rule? Is it a deal breaker if they're not going to pay her. Even if the state instructs them not to fire her, it may end up being very unpleasant working there.
Has she even worked more than 40 hours in a week yet? Maybe this will never come up.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 4/3/2013 5:38 PM, Metspitzer wrote:

Kudos to both your niece and yourself for being smart enough to know that she has legal rights in the workplace. A good many employers count on the reality that most workers have very little familiarity with labor laws, which makes them easy to exploit.
Any employer that chooses to violate the law is putting itself into a risky position. This isn't your niece's choice, it is her employer's. All it takes is a phone call or visit to the Department of Labor and the employer could face the DoL conducting a payroll audit and interviewing current and former employees to determine if any labor laws have been violated. If they do conclude that there's been a violation, the company could end up being fined and required to compensate employees (current and former) for their unpaid time, plus interest.
Your niece could have a candid conversation with her supervisor where she points out that by trying to save a few bucks, they're exposing themselves to potentially significant liability and expense. Or she could bring it up in a more circuitous fashion. You know - casually relating a story about a 'friend' of hers, and what happened where that friend of hers worked when the DoL was informed that they were not paying overtime.
This actually happened at a place I worked at when I was younger. A former employee contacted the state DoL just to ask whether the company could legally terminate him for the reason it gave him when they let him go (reason given: to replace him with a new worker at a lower wage). His conversation with the DoL provided them with enough information about probable legal violations to justify investigating the firm. The DoL's investigation included a payroll audit going back several years and interviews of current and many former employees. The employer was found to have violated several laws, including the overtime and minimum wage laws, fined thousands of dollars, and had to pay all of its current employees and a large number of former employees back pay plus interest.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Metspitzer wrote:

It seems her hands maybe tied if she wants to stick it out for a while.
My wife went in to a business for a shift on a trial bases. After the one 9 hour shift (she was asked to stay extra) my wife decided she could not work there because of the owners constantly barking dog and crying baby (and this was in a shop in a mall?)...
Two weeks later she had not been paid so she emailed the woman asking for her 8 hours pay and one hour OT. The woman told her she does not pay OT.
My wife emailed her back with a copy of the labour laws... a week later she received a cheque in the mail for the correct amount.
Sometimes owners or managers need a reminder of the labour laws.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Ned Flanders wrote:

Almost anyone at almost any time can be fired for almost anything. There is no way to get inside your boss's mind and know why he wants to keep some people and fire others, and he can come up with a number of reasons to get rid of most anyone. (if he has half a brain) So, there is little one can do unless one has some written proof or recorded proof that ones boss has it in for them for some reason other than job performance. This is true of even top executives. As a matter of fact, it is more true of top executives than it is of underlings....
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

IN CANADA, a boss needs to write you up 3 times, giving you the written notice, before he can fire you "with cause" Firing "without cause" costs him money. He has to pay severence - and you get to collect employment insurance if you have worked enough hours to qualify.
Don't know how it is in the USA.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I would be very surprised if a new employee in a convenience store were scheduled for enough hours to earn benefits, let alone overtime.
Most service area employers hold the hours below 20 so they don't need to provide benefits like sick leave, vacation, health insurance, retirement, etc.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@snyder.on.ca wrote:

I don't know either, but suppose the company is going out of business, and the, "boss" can't pay you another dime because he, and his company are dirt broke? What then, pussycat? Do you get to pluck some bucks from that money tree in Washington DC?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Ever hear of "bankruptcy" and "stand in line"?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@attt.bizz wrote:

Of course. but conversely, have you ever heard of letting somebody go because you can't afford to keep them? There are many reasons for letting employees go. It is not always a matter of choice.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Of course. The issue then becomes "who".
The generally accepted term is "layoff", but why are you stating the obvious?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@attt.bizz wrote:

My point is simple. Unless you can prove that you were layed off for reasons unrelated to your job performance and or money restrictions, you can probably do nothing about it.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 4/6/2013 12:51 AM, Bill Graham wrote:

Laid off or fired is irrelevant. If enough time elapse with the job, the ex-employee can collect unemployment compensation.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Maybe where you live, but not every place. Fired for cause is fired and no money.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Kinda sorta. Most places differentiate (for unemployment compensation) between disqualifying cause (theft, absenteeism following warnings, drug use, etc) and not disqualifying causes (you can get it for incompetence, or bad judgement or even spousal abuse) where you can get money. http://www.wrongfulterminationlaws.com/resources/wrongful-termination-law /unemployment-after-job-loss/fired.htm
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Correct. "For cause" isn't the determining factor. It's more or less whether or not the cause was within your control.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.