manager treating workers unfair?? by law.?

Question

i work 4 to 8 hours daily and NEVER get breaks or lunch, and i close the store ALONE at 9 to 10 pm. is there like a safety rule against this?? oh he also refuses to pay us for overtime... legal????

after a 2week pay period I work over 40 hours idont clock in and clock out exactly at those times most of the time I'm asked to stay 2to 3 hours longer. Or come in early hours add up to 40+

Answer 1

It's not OSHA - it's the dept of labor (DoL). Check www.dol.gov; find the "wage order" that pertains to your industry (sounds like retail from your description), then look at the section entitled "meal and rest periods."

Most employees are entitled to a 10-minute paid rest period for every foyr hours of work, and a 30-minute meal period for each 5 hours of work (unless their entire shift is 6 hours in which case they don't have to have a meal period.) The DoL is also the place to file a complaint if you haven't been permitted to take your breaks as required by law...you may be entitled to back pay.

Good luck.

Answer 2

Some parts of your situation aren't really clear. If you only work 4 hours on some days, ten are you working 40 or more hours per week. Overtime kicks in when you work over 40 in one week, not if you work more than 8 hours in a day. You get breaks by law, but the length they last is dependent upon how long your shift is. The employer can also make you sign off the clock when you take a break, too. As to closing the store alone, it depends how old you are. If you are over 18 you can work as late as the management wants. If the job sucks that much how come you are still there.

Answer 3

OSHA or other federal government agencies do not have requirements for breaks. Some states do, but you don't say where you live, so no way to tell whether your manager is required to give you breaks or lunch time.

There is nothing illegal about having you work alone, or close alone.

You don't say what you mean by working overtime. If you work over 40 hours in a WEEK, federal law requires that you be paid time and a half for hours over the first 40. If you are scheduled for 4 hours and end up working 8, that's not "overtime".

Answer 4

the law says a 30 minute break with no more than 5 hours after the shift starts and no more than 5 hours before the shift ends. And overtime for any hours over 40 per week. and if you punch a time clock and get paid by the quarter hour (8 minutes after the hour = 15 minutes)

Answer 5

This may vary by state, but I had similar concerns in my state (Oklahoma). After researching the state employment laws, I learned that lunch and breaks are required by law, but only to employees under the age of 18. However, overtime pay is required for any hours worked over 40 hours in a week. That is a pay period week, though, not Monday-Sunday.
Check out your state's online employement resources to learn about your rights.

Answer 6

Yes, OSHA requires that employees get periodic breaks, depending on the length of your shift. And he is required to pay you for all the time you work, including over time. Definitely not legal. You can call your state's labor division to complain, and they will investigate.