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VFiore
06-13-2007, 05:37 PM
I'm currently employed by a company who says they can work me every day of the week, up to 8 hours a day, without having to pay me overtime. Is this legal? It seems to me that they would HAVE to pay me overtime for anything more than 40, from what I recall. Working 56 hours a week with no overtime isn't right, but I can't check that. The labor law posters aren't posted at work. (I've checked everywhere on that, can't find the dang things.)

ScottB
06-13-2007, 07:22 PM
I'm currently employed by a company who says they can work me every day of the week, up to 8 hours a day, without having to pay me overtime. Is this legal?

Nope. That would violate federal law. You MUST, under federal law, be paid OT for any hours worked over 40 in a work week (a work week is not necessarily the same as a calendar week, but is a consistent seven day period).

VFiore
06-13-2007, 07:30 PM
Well then, how do I go about reporting them for this? And can I do it anonymously?

joec
06-13-2007, 07:51 PM
No we had this same AZ question this week link,and read if you have any questions post back on your thread.

http://www.laborlawtalk.com/showthread.php?t=177009
JoeC

Pattymd
06-14-2007, 04:32 AM
However, we don't even know if the OP is exempt or nonexempt. VFiore, what exactly do you do in your job and how big is the employer?

joec
06-14-2007, 05:58 AM
I understand that Patty,that question is also well hashed out with Links in the thread.
JoeC

Pattymd
06-14-2007, 06:11 AM
Honestly, Joe, I don't have time to go searching through old threads. :rolleyes:

VFiore
06-14-2007, 11:10 AM
I work in the bakery of a well known grocery store. Since I don't get OT, I won't go over 40 hours a week. Can I still report them, or would I have to get 41+ to do that?

ScottB
06-14-2007, 11:14 AM
If you are NOT working over 40 hours in any work week, what grounds do you have for complaining?

If others are not being paid properly, they can file a wage complaint.

VFiore
06-14-2007, 11:25 AM
True. I'm about to quit anyway. I'd rather not have to work for minimum wage.

joec
06-14-2007, 06:44 PM
Honestly, Joe, I don't have time to go searching through old threads. :rolleyes:

I understand that Patty I was addressing the O.P with the link,I don't have the time to re-write everything that was covered in great detail less than 3 days ago.
VFiore if the employer is guilty you can recover 3 times the amount of lost wages in court.

A.R.S § 23-355. Action by employee to recover wages; amount of recovery
If an employer, in violation of the provisions of this chapter, shall fail to pay wages due any employee, such employee may recover in a civil action against an employer or former employer an amount which is treble the amount of the unpaid wages. The employer can not fire you legally for filing a claim in court. Send the registered agent of this bakery ,a certified letter requesting you back overtime wages. He will more than likely pay them if he does not,then file a small claims action,with proof,and demand the wage owed times three. For example if the wage owed is $200 then the amount you sue for would be $200. x 3 = $600. If the employer pays the proper amount after the letter is received. Keep a copy of the letter along with the receipt if he fires you,that is evidence of a wrongful discharge.
JoeC

VFiore
06-16-2007, 09:31 AM
Well, I guess I can't do anything, then. Thanks anyway. I'll pass the information on to others who can use it. :)

joec
06-16-2007, 03:53 PM
What you mean you cant do anything? If your entitled to back wages I laid out the remedy.
JoeC

ScottB
06-16-2007, 04:44 PM
Joe, you must have missed the part where the OP said since he does not get OT, he won't work more than 40 hours in a work week.

I questioned this and got no comment that he/she ever worked more than 40 hours in a work week.

joec
06-16-2007, 09:33 PM
Oh OK Scott the first post said he was working 56 hours a week,I see where the 56 came down to 41. What happened to the 15 hours between the 1st post, and his response to you saying 41?
As far as the labor/employment law posters hanging up in the bakery,I don't get excited about that.
JoeC

cbg
06-16-2007, 11:33 PM
I hope the poster realizes that the first time he says no, I won't work overtime, he can be fired, with no guarantee of unemployment.

VFiore
06-17-2007, 09:53 AM
Well, I was called in to work someone else's shift. So, I told them that I was unavailable. No real problem there.
I'm not talking about the posters hanging in the bakery, I'm talking about not being able to find them anywhere in the store whatsoever.

Thanks anyway, though.

turbowray
06-17-2007, 10:52 AM
Well, I was called in to work someone else's shift. So, I told them that I was unavailable. No real problem there.
I'm not talking about the posters hanging in the bakery, I'm talking about not being able to find them anywhere in the store whatsoever.

Thanks anyway, though.

VFiore, if you are told to come in, and you do not, you can get fired. It appears that your company does not MAKE you come in on your day off, but keep in mind, there are no laws that say they can not ask you to do so. If they say we need you, and you say I can't, they can fire you for not being available when they need you. I hope they are not like that. Poster, I am confused, did you work over 40 hours one week, or are you just asking as IF you were to have worked that day they asked you to come in?? You can remind them that by law, they must have the labor laws hanging somewhere where all the employees can see them. If they do not comply you can call your Department of Labor for your state, and let them know, though it may take a while for them to check, they have alot on their plate.

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