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
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?
On 4/3/2013 6:02 PM, email@example.com 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.
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.
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
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
Using Google, I was able to determine that wages are federally regulated.
How overtime-work hours are determined:
Who does or does not qualify for time-and-a-half, and when:
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.
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.
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
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 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
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
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.
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
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.
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
Do like I did back in 1971, when I left my first job. I turned in
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.
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.
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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