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.
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
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.
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.
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
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.
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
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.
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
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.
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....
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
Don't know how it is in the USA.
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.
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?
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.
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
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