Do you get paid extra if you stay overtime?

Question

My gf recently got a job at a cafe (part time) and she gets off work at 10:30pm. however, they have been keeping her until 11:00pm+. Is the cafe legally supposed to pay her extra for her extra time?

Answer 1

definitely. The employers are obliged to pay for every extra hour of work rendered by an employee. Why don't you consult somebody from the department of labor.

Answer 2

By law, she must be paid for every hour, or portion, that she works. She does not have to complete a full hour in order to be paid for that hour. If she works an extra 5 minutes, she is owed 5 minutes of pay for it.

For overtime pay, federal law (Dept of Labor) requires hourly employees to be paid time and a half for work beyond 40 hours a week. It does not (nor ever has) distinguished how that 40 hours is accrued. Some states also have laws governing wages which may exceed federal law. Federal law is a minimum and state law would take precedence in protecting a worker's rights.

Also the distinction of part time is well defined by the IRS as the usual amount of hours accumulated during a week, for benefit purposes. An employer cannot just call you a 'part time employee' to avoid benefits owed if you're working 40 hours a week.

Some union contracts specify that any work in excess of 8 hours a day will be paid at overtime rate, but those are private contracts, not public law.

Answer 3

Alright, in that situation this is how it works. If she is just working a few extra hours, or staying after a little while she'll get her normal pay, so say at 8$ an hour she stays after until 11:00 instead of 10:30, she will get the 4 $ extra time.
However, if she works a lot of extra hours and she gets past the 40 hour mark, then all hours after 40 she will get time and a half (overtime pay).

Hope that helps.

Answer 4

It used to be the law that anyone working more than 8 hours a day was required to be paid time and a half. Seems to me they may have changed that law a couple of years ago...does anyone know for sure? Of course this only applies to someone who is not working for cash under the table.

I once took on a big SF law firm who wouldn't pay me overtime and, against the 5-6 lawyers at the Labor Commission (which is where you complain), I iwon. Boy, did that feel good. They didn't appeal it either and had to pay penalties too. But, just asking them to pay it....you run the risk of losing the job. Any complaint has to be when you're willing to lose the job or quitting.

Answer 5

Part time employees usually do not get paid overtime. When you are a part time employee, it is not the same as a full time employee. A full time employee usually has "extra" benefits such as vacation time, sick leave and overtime. If your girlfriend does good, they may take her on full time. Gopod luck.

Answer 6

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Don't now 'cause I'm retired. Have in the past though. Busier than anything, short handed due to flu epidemic. I wasn't married & had no appts. so I stayed & helped for 3 1/2 more hrs.....off the clock. The boss was aware & I got a nice write up. It made me feel good to be able to help in that kind of situation.

Answer 7

I used to when I was a chef. I loved it, too. Now that I work in a school, if I stayed overtime, there would be noone to help anyway.

Answer 8

If she's part time, she would, or should, get paid straight time until she's up to 40 hours, then it's time and a half. Be grateful she's not relying on you for her pocket money.

Answer 9

Not if he's a part timer; if he were a full timer, he would get mandatory extra pay (half time extra), however, it is up to the manager's discretion to pay if he's a part timer. It also depends on the local employment laws.

Answer 10

Anything over 8 hrs. is overtime, and employer must pay it