We live in the state of Arkansas, and my friend works at a local pharmacy. She works some really crazy hours. Like, 4-5 days a week, all of which are shifts of 12-14 hours each. Now, this doesn't sound like a bad deal, but her boss won't pay overtime rates. What he does (and this seems really wrong to me), is that he pays her for the normal 40 hours a week, and anything over that, he pays her through another financial company that he set up. He refers to this as "contract labor" . Simply put, she makes the same for a normal hourly rate as she does with her overtime hours. She might even work 70 hours, but never gets paid a dime more for her overtime.
So, is anything about this wrong or illegal, or does she just have an incredibly crappy job?
2007-09-08 16:04:58 · 4 answers · asked by Grace 1 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
She should contact the State agency which would oversee the operation, possibly the State Attorney General. Is the pharmacy part of a chain like Rite-Aid? If so, she should contact their headquarters as well. This is quite illegal. If you don't get any satisfaction from the state, you may try a local TV station.
2007-09-08 16:17:02 · answer #1 · answered by Otto 7 · 0⤊ 0⤋
There are several problems with this arrangement. Suppose she is fired. She would have difficulty collecting unemployment based on the COMBINED income from the main + contract portions.
Also, if she retired, her social security account won't show the combined revenue.
Most of the factors favor the employer.
However, this may work.
1) Do a Yahoo or Google search for employment lawyers in your area. Most will have a low-cost initial consultation, possibly $60.
2) Line up another job. Since she might be fired as soon as she raises the issue, and she might need $$ to live on, be prepared to switch jobs on short notice.
3) Keep copies of pay stubs. Keep notes on conversations.
4) Live with the situation as long as possible. That way, when she ultimately changes jobs she will be entitled to more unpaid overtime.
It's a simple fact that employment lawyers are more motivated to help her collect $10,000 than $1,000. If they offer a contingency arrangement, that's a very good sign.
5) Are there other employees who have the same situation? Get their names, addresses and phone numbers. Does the pharmacy have more locations? Do they have the same policy?
6) When she can't take it any longer, she should ask politely if there is a process she should follow to complain about compensation. If there is a recommended process, she should use it. If there is none, she can truthfully state that she did make an effort to correct the situation.
7) She should be aware that SHE COULD BE BRANDED A TROUBLE MAKER AND SHE MIGHT HAVE DIFFICULTY GETTING ANOTHER JOB.
New employers will ask for references. When she can't offer a positive reference from her previous employer, that will be interpreted as A NEGATIVE on her employment history.
Good luck,
2007-09-09 10:13:49 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Overtime in Arkansas must be paid at the rate of time and one half for all hours worked over 40 in a work week.
Before you contact an attorney, call the State of Arkansas, Department of Labor (501) 682-4500. They will be able to assist you.
2007-09-10 16:41:34 · answer #3 · answered by Squat1 5 · 0⤊ 0⤋
This is 100% illegal. If the pharmacy is part of a chain, she should report him to headquarters. And definitely take this to the state labor board.
2007-09-08 23:51:52 · answer #4 · answered by dcgirl 7 · 0⤊ 0⤋