Work after hours without overtime pay, is this legal?

Question

I work for a big retail store (cheap one) and well some employees are staying like 2 more hrs after their 8 hr. shifts but are not getting paid overtime. Then they have to cut the hours the next day by going in 2 hrs late to keep them from going over the 40 hrs. a week. I have refused to stay because I don't think its fair we are not getting our overtime pay, they pay us crappy enough as it is. They have been getting in my case for refusing to stay but I still leave as soon as my shift is over. My other coworkers seem upset with me because I'm refusing to stay and help them out. I think they are letting the company take advantage of them. So I'd like to know if what the store is doing is legal?Also some advice on how to deal with this. Serious answers please, thank you.

I used to work for Target and they always asked us if we could stay after our shift was over. They told us that it was illegal to force an employee to stay. Guess I should of stayed with them, they treat their employees with respect.

Okay, so does anybody know if it's legal in Texas?

Okay, so does anybody know if it's legal in Texas?

Answer 1

A lot of it depends on the state you are in. In California, they work on a 8 hour day, not a 40 hour week. In other words, overtime begins after someone works over 8 hours in a day. Some states don't kick in overtime until they work over 40 hours in the week.

So, to answer your question, if you are in a state such as California, then they are required to pay you overtime. However, if you are in a 40/hr week state then what they are asking is legal. However, just because it is legal, it doesn't necessarily make it a great place to work.

Answer 2

Yes, it's legal unless you are in a state that mandates overtime pay after 8 hours - most states follow the federal rule, where overtime pay is based on working over 40 hours in a week, not how long you work in a day. As long as the hours for the week don't go over 40, no overtime pay is due. And if you refuse to work the hours they ask you to, they can legally fire you.

If you aren't satisfied with the pay, then find another job that pays better. If you need additional skills to get a better job, then figure out what you have to do to get those skills.

Answer 3

Normally, no, but there are plenty of exceptions. I think generally if you get paid a salary, there is no overtime no matter how many hours you put in. Also, if you are a subcontractor, they don't pay you overtime. If they pay you by the hour though, you need to be looking into it, but don't be surprised if they fire you. It's a catch 22 situation. You may get them into trouble like they deserve, but you will also be without a job. At least you help the people who come afterwards though, and you do have experience to get another job, so I would say seek legal counsel.

Answer 4

They only have to pay you overtime for the hours worked in excess of 40 hours in a week. Although you are being asked to work more hours than you were originally scheduled, so long as you don't put in more than 40 hours that week, then you don't get overtime for those extra hours worked. So to answer your question, yes it is legal; big corporations do it all the time.

Answer 5

It is never legal to force hourly employees to work "off the clock." Employees must be paid for the hours they work. No such rule applies if you are salaried, by the way - but there are a lot of laws which govern who can be salaried vs. hourly.

Report your employer to the department of labor at www.dol.gov. They will file a claim on your behalf for free. Document the hours you are working and/or being asked to work so you can demonstrate what hours were "off the clock." You and your coworkers should be entitled to back pay for overtime.

Answer 6

Any time over eight hours in any day is generally considered overtime. It is usually irrelevant whether you work more or less than 40 hours a week. I used "generally" and "usually" because there are exceptions in the federal regulations.

Consult an employment lawyer in your area at the link below. I'm an attorney.

Answer 7

If they pay you for 40 hours, expect you to stay 2 hours extra tonight and come in two hours less tomorrow (to stay under the 40)....what's the problem? You are getting paid for the hours, just working them at a different time.

If you have a problem with a short notice adjustment of hours, talk to your manager and see if the change is required permanently (so you can adjust whatever is needed at home).

Answer 8

If you are not working over 40 hours in a week then they don't have to pay overtime. If you don't like your job get a new one.

Answer 9

As long as you're under 40 hours a week, there's no OT pay. There are no rules about number of hours in a day..it can be more than 8. I would keep doing what you're doing.

Answer 10

It depends on the state you live in. Overtime can be hours over 40 in a week period. Or it can be hours over 80 in a two week period. What they are doing is not illegal....in fact....it is very common. This is just one of the reasons people started to form unions. Nowadays, people have forgotten what our ancestors went through to make sure big business did not abuse its workers. Unfortunately, the pendulum then swung in the other direction and unions became another word for the mafia in alot of areas. Your only option is to get another job......better yet......get alot more education.....the higher the degree, the less likely you will have to worry about such issues (depending on the major of choice)