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?

Met,

The US Dept of Labor may be reached at 866 487-9243.

Good luck,
Dave M.

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.

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.

--

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.

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

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

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.

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

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.

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.

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.

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.

On 4/3/2013 6:02 PM, wrote:
....

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.

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.

--

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.

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.

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.

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.

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.

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.

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.....

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.

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.

"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

"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

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?

"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

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.

"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

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.

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.

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.

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....

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.

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.

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.

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.

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.

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.

wrote:
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.

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?