At my current job, most of the employees are part-time workers, and they try to schedule us to under 30 hours for the week. A lot of times we are called in for additional hours which sometimes puts us over 40 hours for the week. However, instead of logging in (via company intranet) they have us fill out "mis-punch" forms for the additional hours. They do this to avoid paying us anything additional to our normal pay if we surpass 40 hours for the work week. Is this legal? This is a huge corporation, although Im not sure if the whole company condones this or if just the store I work in does so. If this is illegal, what actions can I take or who, outside of the company, should I speak to? Is there anyway to get any pay from the past weeks that I worked over 40 hours?
Thanks, and if your an employment lawyer please let me know when responding.
2007-09-27 14:52:08 · 13 answers · asked by kham83 1 in Politics & Government ➔ Law & Ethics
This sounds very suspicious. I would make a complaint with the Better Business Bureau. Have other associates complain too. The more complaints the more likely they will look into it. http://www.bbb.org/
I would assume you could get back pay. But you may have a time limit. I would get copies of all your weekly hours worked as well as the mispunch forms. Unless you are an exempt employee (which I doubt) they are legally obligated to pay you overtime. This website explains overtime rules as well as laws about overtime pay. http://www.dol.gov
2007-09-27 15:01:47 · answer #1 · answered by Das ist mein fluch 5 · 1⤊ 0⤋
When employees come into that company of yours, they SHOULD have received a type of contract that stipulates the conditions with which you are being hired under... IF in these documents, the company covered their butt about how to handle PART TIME EMPLOYEES who work more then 40 hours...and STATED anywhere in these documents that they would be paid at the regular salaried rate because they are normally PART TIMERS ---then you might NOT have a case, HOWEVER, in 99% of all companies, the regular work week IS 40 hours and anything past that would be considered overtime.... so I'd call your states' department of labor also to see what they have to say because it DOES sound rather illegal...
2007-09-27 22:00:26 · answer #2 · answered by LittleBarb 7 · 0⤊ 0⤋
The normal number of working hours in a day is 8, so that would be 40 hours in a week. Should you work more than 40 hours a week, your employer is obliged to pay for any extra hour of service you have rendered. It is not therefore legal for your company not to pay you. This practice will not be corrected not unless somebody will make a move. Consult somebody from DOLE.
2007-09-27 22:42:23 · answer #3 · answered by 073440 1 · 0⤊ 0⤋
I'm not sure.
At my job, (I work 6 days a week) we get overtime after 8 hours every day. double time after 10 hours everyday. and the 6th day is nothing but overtime.
You have to be considered a "full time' employee to get time and a half after 40.
Look it up, I'm right.
If you are labled "part time" then there are loop holes they can use and not a whole lot you can do.
Thats why Wal Mart has moved 70% of it's work force to "part time" status.
Like I said, do research and check it out. I know I'm right about this
2007-09-27 21:56:31 · answer #4 · answered by Dr. Gonzo 3 · 0⤊ 0⤋
Sounds like you work at Wal-Mart.
They try to get you to work 30-35 hours a week, because once you hit 40 hours a week (on a typical week) they have to give you certain benefits.
2007-09-27 21:58:10 · answer #5 · answered by Jason 6 · 0⤊ 0⤋
That is absolutely not legal. If it's a big corporation, I doubt that they condone those practices. I suggest you contact the Human Resources Department or perhaps a Regional Manager/Director, someone who is outside of your store. I imagine they will want to rectify the situation quickly.
2007-09-27 21:58:04 · answer #6 · answered by Alex 2 · 0⤊ 1⤋
yes they can do they have a employee handbook if so look at it and see if it says anything about overtime pay i have a friend that works at a place he works 9 hrs a day and 5 on saturdays and its all straight time or if they have a human resources department go ask them
2007-09-27 22:02:25 · answer #7 · answered by muncher1970 2 · 0⤊ 0⤋
If you have good records and report it, yes. The company needs to know if the manager does something that puts it as raisk.
2007-09-27 21:56:53 · answer #8 · answered by professorc 7 · 0⤊ 0⤋
the DOL loves this kind of corporate misbehavior. call them at the earliest opportunity. don't worry about being the whistle blower, the DOL will not reveal your identity. stop being ripped off by the company you work for.
2007-09-27 22:01:07 · answer #9 · answered by pyro 2 · 0⤊ 0⤋
Agree with the person above me
this is not legal
be sure to keep accurate documentation.
2007-09-27 21:54:54 · answer #10 · answered by no one 5 · 0⤊ 1⤋