Time and a half for over 40 hours
http://www.ehow.com/list_6734806_geo...ours-work.html
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? |
Time and a half for over 40 hours
Met,
The US Dept of Labor may be reached at 866 487-9243. Good luck, Dave M. |
Time and a half for over 40 hours
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer
wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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. 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. ;-) 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? 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. |
Time and a half for over 40 hours
On 4/3/2013 5:38 PM, Metspitzer wrote:
http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. -- |
Time and a half for over 40 hours
Metspitzer wrote:
My niece just started working for a company yesterday. She is working in a convenient store that also sells gas. 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. |
Time and a half for over 40 hours
Metspitzer wrote in
: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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 |
Time and a half for over 40 hours
Tegger wrote in
: 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 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 |
Time and a half for over 40 hours
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer
wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. |
Time and a half for over 40 hours
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer wrote:
http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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 |
Time and a half for over 40 hours
On Apr 3, 4:38 pm, Metspitzer wrote:
http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. |
Time and a half for over 40 hours
On Wed, 3 Apr 2013 18:37:53 -0700 (PDT), Robert
wrote: On Apr 3, 4:38 pm, Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. I bet working for free does help you keep your job. |
Time and a half for over 40 hours
On Wed, 3 Apr 2013 18:37:53 -0700 (PDT), Robert
wrote: 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... And that law does not apply to clerk in convenience stores. She is not qualified to be exempt. 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. 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. |
Time and a half for over 40 hours
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer
wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. |
Time and a half for over 40 hours
|
Time and a half for over 40 hours
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer
wrote: http://www.ehow.com/list_6734806_geo...ours-work.html I've long been suspicous of sites like ehow which claim to know everything about everything. But it might be true. My niece just started working for a company yesterday. Is this expected to be a permanent job, or just until she finds a better job or starts school in September? 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? 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. |
Time and a half for over 40 hours
On Wed, 03 Apr 2013 22:30:00 -0500, Vic Smith wrote:
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. 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. |
Time and a half for over 40 hours
On Apr 4, 12:53*am, Home Guy wrote:
Metspitzer wrote: My niece just started working for a company yesterday. *She is working in a convenient store that also sells gas. 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. I thought she would be armed? Guns cure everything people here believe. |
Time and a half for over 40 hours
On Apr 4, 2:37*am, Robert wrote:
On Apr 3, 4:38 pm, Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. Good advice. |
Time and a half for over 40 hours
On Apr 3, 8:04 pm, Metspitzer wrote:
I bet working for free does help you keep your job. 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. |
Time and a half for over 40 hours
On 4/3/2013 5:38 PM, Metspitzer wrote:
http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. |
Time and a half for over 40 hours
Home Guy wrote:
Metspitzer wrote: My niece just started working for a company yesterday. She is working in a convenient store that also sells gas. 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. Yeah.... She would be better off working as a stunt man in an Evil Knevil picture..... |
Time and a half for over 40 hours
On 4/4/2013 6:10 AM, Robert wrote:
On Apr 3, 8:04 pm, Metspitzer wrote: I bet working for free does help you keep your job. 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. 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. |
Time and a half for over 40 hours
On Thu, 04 Apr 2013 19:45:29 -0400, Frank
wrote: On 4/4/2013 6:10 AM, Robert wrote: On Apr 3, 8:04 pm, Metspitzer wrote: I bet working for free does help you keep your job. 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. 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. 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 ****ed the other engineer off, no end. shrug 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. If she actually ever puts any OT in. 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. 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. |
Time and a half for over 40 hours
"Metspitzer" wrote in message ... http://www.ehow.com/list_6734806_geo...ours-work.html 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? I worked offshore in the petroleum industry for six years. We got OT after 40. We worked alongside Oil Chemical and Atomic Workers Union members. Our week went from Monday to Monday. Theirs went from Thursday to Thursday. We flew to the platform every Monday, and departed the following Monday, spending almost exactly one week on the platform. They flew out on Tuesday, and returned the following Tuesday. Now, here's the hitch. Their pay period ended Thursday night at 1159 PM. Their pay was computed as follows: Tuesday, Wednesday, and Thursday, they got paid for three twelve hour shifts. Then time stated over at 0000 hrs Friday. They got paid 48 hours for Friday, Saturday, Sunday, and Monday, getting 40 hrs straight pay, and 8 hours OT. We got 40 hrs regular pay, and 44 OT. They got two checks. One for 36 hrs straight time, and one for 40 hrs straight time and 8 hrs OT. We both worked seven days straight, twelve hours a day, 84 hrs total. They way it was broken up, though, we got 44 hrs OT, and they only got 8. I figured it being a union job, that this was unusual. Steve |
Time and a half for over 40 hours
"Robert" wrote And "working for free" didn't happen. That's why bonuses and "paid time off" were created. I have no complaints. And each person decides when they take a job if the whole package is right for them or not. If this girl took the position, and did not do her homework ahead of time, she has no one to blame but herself. Isn't it a little late to be asking the questions NOW? And if the hours worked are compensated for in other ways, that has to be determined AFTER working there long enough to evaluate that. It seems like she may qualify in the group who only questions at hiring is when do we get paid, and how much time off do I get? Steve |
Time and a half for over 40 hours
On Thu, 4 Apr 2013 17:44:58 -0700, "Steve B" wrote:
"Robert" wrote And "working for free" didn't happen. That's why bonuses and "paid time off" were created. I have no complaints. And each person decides when they take a job if the whole package is right for them or not. If this girl took the position, and did not do her homework ahead of time, she has no one to blame but herself. Isn't it a little late to be asking the questions NOW? And if the hours worked are compensated for in other ways, that has to be determined AFTER working there long enough to evaluate that. It seems like she may qualify in the group who only questions at hiring is when do we get paid, and how much time off do I get? Personal responsibility? What planet do you live on? |
Time and a half for over 40 hours
"Frank" 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. And I heard today that the hardest to find workers were #1, machinist, and down the line, truck driver. It seems like there is little demand for the ancient Greek sculpture graduates, and other crafts that people devoted years of study and thousands of dollars to. If their life planning skills is as good as their educational planning skills, they are going to have an uphill battle. I think "attitude development" might be something to consider. A guy can drive to North Dakota RIGHT NOW, and probably be working in a week. Ya gotta do what you gotta do. You don't always get to be pitcher in the ball game of life. Many of today's young truly cannot grasp why they can't jump from college frat rat to CEO with a piece of paper and a mortar board, yet essentially have the social and life skills they had when they entered college. Or they want to wear their frat sweater along with piercings and tattoos to the interview. To them, it's a conspiracy by right wing fanatics and ex prez Bush. Steve |
Time and a half for over 40 hours
wrote Personal responsibility? What planet do you live on? My own little world, and it works for me. I'm glad I am retired, and no longer have to deal with these people. The young crowd of today have a lot of very good people in the group. But there are a lot that couldn't make it as burger flippers. |
Time and a half for over 40 hours
"Moe DeLoughan" 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. One should always start their employment portfolio early. So that when they go to the next job, when the two HR guys from the two companies are playing golf, they can discuss (off the record, of course) this new applicant, and what was her prior experience with the prior company. They have been actually known to do this with a clandestine anonymous telephone call, but it has never been proven in a court of law............ was the employee loyal? what was their attitude on extra hours and extra work? was this an employee who watched out for the business interests of the company, or who watched the clock? Yes, establish that reputation early on, and make sure it goes into the file. Say goodnight, Gracie. Steve |
Time and a half for over 40 hours
On Thu, 04 Apr 2013 19:45:29 -0400, Frank
wrote: On 4/4/2013 6:10 AM, Robert wrote: On Apr 3, 8:04 pm, Metspitzer wrote: I bet working for free does help you keep your job. 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. 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. 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. |
Time and a half for over 40 hours
On Thu, 4 Apr 2013 17:44:58 -0700, "Steve B" wrote:
And each person decides when they take a job if the whole package is right for them or not. If this girl took the position, and did not do her homework ahead of time, she has no one to blame but herself. Isn't it a little late to be asking the questions NOW? 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. |
Time and a half for over 40 hours
Metspitzer wrote:
http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. |
Time and a half for over 40 hours
Ned Flanders wrote:
Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. 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.... |
Time and a half for over 40 hours
On Thu, 4 Apr 2013 22:46:40 -0700, "Bill Graham"
wrote: Ned Flanders wrote: Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. 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 qualify. Don't know how it is in the USA. |
Time and a half for over 40 hours
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. |
Time and a half for over 40 hours
On Thu, 4 Apr 2013 22:46:40 -0700, "Bill Graham"
wrote: Ned Flanders wrote: Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? 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. Since you mentioned "labour" laws, I'll assume you're not a left-pondian. In the US, it's not considered OT until 40hrs in one week. ...and that doesn't necessarily include vacation/holiday time (8 hours holiday + 44hrs work = 48hrs straight pay + 4hrs OT). 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.... That's jurisdiction dependant, here. Some states are "at will" states. Anyone can be fired for any reason (other than the typical discrimination of protected classes), or no reason. Others make it (only) slightly more difficult for employers. |
Time and a half for over 40 hours
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer
wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? I told my niece to just keep good records of the days and hours she works and just see how things go. I was asking her how she liked her new job, and she says she likes. She mentioned that she keeps quite a large amount of start up cash. She says that if the delivery trucks will take cash, they pay them in cash. hummmmm. |
Time and a half for over 40 hours
On Fri, 05 Apr 2013 16:20:14 -0400, Metspitzer
wrote: On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? I told my niece to just keep good records of the days and hours she works and just see how things go. I was asking her how she liked her new job, and she says she likes. She mentioned that she keeps quite a large amount of start up cash. She says that if the delivery trucks will take cash, they pay them in cash. hummmmm. There are many reasons for that. Mostly it's done by businesses that can't get credit from their vendors. Sometimes it's so the money can go underground but it's not often that blatant. |
Time and a half for over 40 hours
On 4/5/2013 4:20 PM, Metspitzer wrote:
On Wed, 03 Apr 2013 18:38:13 -0400, Metspitzer wrote: http://www.ehow.com/list_6734806_geo...ours-work.html 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? I told my niece to just keep good records of the days and hours she works and just see how things go. I was asking her how she liked her new job, and she says she likes. She mentioned that she keeps quite a large amount of start up cash. She says that if the delivery trucks will take cash, they pay them in cash. hummmmm. Good business. If they have a lot of cash customers they need to pay the bank to take it. So when a vendor delivers something you pay them cash and get a receipt. |
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