I work for a daycare center that is a pretty big chain. If a teacher is nearing overtime because they made you stay one day really late, they make you take a really long lunch break, like 2 or 3 hours, and then come back. Sometimes they do this three or four times a week. My question is, can they do this? If your scheduled time is 7-4 with a one hour lunch break, and you work until 5 one day, is it legal for them to make you take 2 hours lunch one day to "catch up"?
2007-12-07 16:03:46 · 12 answers · asked by ecemajor 2 in Politics & Government ➔ Law & Ethics
Unless your state has an overtime law that requires you be paid overtime for any time over 8 hours in a day, you are only legally entitled to overtime if you work over 40 hours!
It is also legal to have split shifts, meaning that you work part of the day, have a long break, and then work the rest of your shift! You see this with jobs like school bus drivers, who work in the morning taking the kids to school, and them come back for the afternoon runs home!
What seems to be happening is they are trying to keep overtime costs down, and still have it seem that they are fully staffed when the parents are there to pick up their children! That is why they want you to take a long lunch, rather than leave early one day to make up the time!
I would sit down with management, and explain that you are willing to work overtime when needed, but you are not willing to take an extra long lunch break to make up for it. You loose your time in the evening, and when you take a long lunch, you still are tied to the clock and can not enjoy that time off. If they are not willing to work it out, I would start looking for a new job!
It is not right to expect you to adapt to the need to stay late, and get no real usable compensation for it!
2007-12-07 17:48:07 · answer #1 · answered by fire4511 7 · 1⤊ 0⤋
This is poor practice for managing human resources, but legal. The company is trying to avoid two things: (1) paying overtime to save the company money and increase profits (since this is a big chain) and/or (2) not violate state overtime laws.
They'll get away with it, because most people in this industry, like fast-food industry, don't make a career of it. They know that they have plenty of applicants to replace the disgruntled, so they have much more power than the workers. It's the way of the world and big business.
2007-12-07 16:12:21 · answer #2 · answered by ironjag 5 · 2⤊ 0⤋
If they asked you to stay and get overtime, then thats the agreement made. If the next day they want you to take an extra long lunch to get rid of it, I would consider this theft due to the fact that they won't end up paying you that extra money from overtime. Tell them that you are not taking an extra long lunch, because you had a prior agreement. Also tell them if you do take an extra long lunch, then you will never stay overtime for them again.
Might be wise to start a blackbook of what happens in your work place each day incase they get cocky and want to play hardball.
Wal-Mart plays this game all the time, which they never messed with me when it came to overtime. Why? I guess because I'm not like most people.
2007-12-07 16:18:50 · answer #3 · answered by Arcanum Noctis 5 · 0⤊ 2⤋
It depends on your state's law, but in many states, you are entitled to overtime pay if you work more than 8 hours in a single day. This can't be adjusted by giving you a longer lunch the following day.
Contact your state's wage and hour board (labor board) for more information.
2007-12-07 16:35:12 · answer #4 · answered by raichasays 7 · 1⤊ 0⤋
California law calls for two ten minute breaks in an eight hour work day and at least a one half hour lunch. However, if they want to give you a longer lunch break, it is their choice. Perhaps this is their way of cutting back on salary costs.
2007-12-07 16:08:31 · answer #5 · answered by Isaac O 5 · 1⤊ 0⤋
Rules change and unless if she is under a contract that granfathers her in from having to change with the times, Then she has no legal ground to stand on. I'm sure your mother works hard but her employer has every right to ask for more production out of her if he feels she is slipping or his new system calls for it. Nobody is owed a job anywhere just because they have longevity there. I'm not trying to come off as being rude, I am just stating the facts. Allow me to quote you and respond to your comment. "Especially my mother because she has been working for him since he opened up that business - since it was just he, his wife, and my mother - and I think that she works more than hard enough and deserves to be paid more than what she's paid now." Longevity means nothing. Your mother is his employee and nothing more. She is no different than anyone else working there and is paid what he feels is proper compensation for the work she gives. Tell her to find another job that pays better if she feels she is underpaid.
2016-05-22 02:54:33 · answer #6 · answered by karine 3 · 0⤊ 0⤋
Depends on what the employment laws are in your state.
What they are doing is called flex-time or comping hours. Places that do this can't or won't pay over-time. Instead of paying you for that extra time you get to come in later, leave earlier or take a longer break.
2007-12-07 16:14:12 · answer #7 · answered by *A Few Quarts Low* 6 · 1⤊ 0⤋
I worked for a big chain co. as a supervisor in TX. And I was instructed by my superiors to ask for volunteers to go home when we were overstaffed and not enough biz.
The manager said it was against the law to send people home when they were on the schedule. If they volunteer then the company was covered if they were ever audited by the labor board.
2007-12-07 16:29:58 · answer #8 · answered by ? 2 · 0⤊ 2⤋
Sure..the company sets your hours including lunch breaks. If you dont like it go to work elsewhere.
2007-12-07 16:06:57 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Yes, it is. They set your hours so they have the right to change them. If you don't like it go elsewhere.
Talk to your boss about it and see if you can work it out
2007-12-07 16:49:44 · answer #10 · answered by Luke H 2 · 0⤊ 1⤋