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| *Ostroff, Fair and Company>>>Law & Legal |
Work after hours without overtime pay, is this legal? |
I work for a big retail store (cheap one) and well some employees are staying like 2 more hrs after their 8 hr. shifts but are not getting paid overtime. Then they have to cut the hours the next day by going in 2 hrs late to keep them from going over the 40 hrs. a week. I have refused to stay because I don't think its fair we are not getting our overtime pay, they pay us crappy enough as it is. They have been getting in my case for refusing to stay but I still leave as soon as my shift is over. My other coworkers seem upset with me because I'm refusing to stay and help them out. I think they are letting the company take advantage of them. So I'd like to know if what the store is doing is legal?Also some advice on how to deal with this. Serious answers please, thank you. A lot of it depends on the state you are in. In California, they work on a 8 hour day, not a 40 hour week. In other words, overtime begins after someone works over 8 hours in a day. Some states don't kick in overtime until they work over 40 hours in the week. So, to answer your question, if you are in a state such as California, then they are required to pay you overtime. However, if you are in a 40/hr week state then what they are asking is legal. However, just because it is legal, it doesn't necessarily make it a great place to work. If you are not working over 40 hours in a week then they don't have to pay overtime. If you don't like your job get a new one. over time pays after 40 hours, you dont have to stay unless its manditory maybe you should talk to the corporate manager about it It seems like it would be illegal, i know that it is illegal if they work you for so many hours without a break, but not sure about the overtime thing Stop working for Wal-Mart They have been sued for this, start keeping track opf your hours now If they pay you for 40 hours, expect you to stay 2 hours extra tonight and come in two hours less tomorrow (to stay under the 40)....what's the problem? You are getting paid for the hours, just working them at a different time. If you have a problem with a short notice adjustment of hours, talk to your manager and see if the change is required permanently (so you can adjust whatever is needed at home). It depends on the state you live in. Overtime can be hours over 40 in a week period. Or it can be hours over 80 in a two week period. What they are doing is not illegal....in fact....it is very common. This is just one of the reasons people started to form unions. Nowadays, people have forgotten what our ancestors went through to make sure big business did not abuse its workers. Unfortunately, the pendulum then swung in the other direction and unions became another word for the mafia in alot of areas. Your only option is to get another job......better yet......get alot more education.....the higher the degree, the less likely you will have to worry about such issues (depending on the major of choice) |
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