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  • New Member...couple of questions Arizona

    So i am a full-time hourly associate at a retail store. I am paid every other Friday. My work seems to like to stick me with about 45 hours one week then 30 hours the next and claims they don't have to pay overtime. Is this true? Secondly, if i am ever to call in sick ( twice in the past 2 years) they automatically slash my time down to about 20 hours per week for the next month. So i guess my question regarding that is 2 fold, Is there a mandatory minimum for hours for a full time hourly employee? And, if yes can they cut my hours for taking a sick day? Last question, on thanksgiving they only paid me for 6 hours, same on Christmas and New Years...any ideas?

  • #2
    Re not paying overtime, probably not true. However, there is an exception. Do you earn commissions?

    Re reducing your scheduled hours on a subsequent week after you have called in sick, tacky (IMHO), but not illegal.

    There is not a "mandatory minimum" under the law for full-time (or part-time) employees.

    Regarding holiday, maybe they based it on your average hours worked per week over some representative prior period (like three months, or something similar)? The law does not require holiday pay at all, so the hours of holiday pay you receive are subject to the policies and compensation practices of the employer. You'd have to ask payroll why you didn't get 8 hour (assuming you are normally an 8-hour per day employee).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      While you have to be paid overtime any time you work it, they may LEGALLY cut your hours to ensure that you (a) do not work over 40 hours in a week or (b) your pay check for the pay period remains the same, even with the overtime pay.

      Examples (assuming a 5 day a week, 8 hour a day, workweek):

      1.) You work 10 hours on Monday. They require you to go home after working only 6 hours on Tuesday. LEGAL

      2.) You work 5 hours of overtime in week one of the pay period. They pay you time and a half for those five hours, but require that you reduce your hours in the second week of the pay period by 7.5 hours, resulting in a paycheck exactly the same as if you worked 40 hours of straight time in both weeks. LEGAL

      While they are legally required to pay you for overtime IF you work it, they are not legally required to allow you to work overtime. Nor does it violate any law for them to adjust your schedule to keep your paycheck the same.

      No law in any state has a minimum number of hours that an employer is required to schedule a non-exempt employee. (Or an exempt employee, for that matter.)

      Cutting your hours for taking a sick day is PROBABLY legal, unless the sick day is attributable to FMLA AND the reduction in hours is done in retaliation for taking FMLA.

      Did you WORK on Thanksgiving and Christmas? If so, they are required to pay you at straight time for the number of hours you worked. There is NO requirement that they pay you any kind of premium pay for working on a holiday.

      If you did NOT work on the holiday, then if they paid you for six hours, you got paid six hours more than they were required to pay you by law. Non-exempt employees have no legal expectation of being paid when they do not work, even on holidays.

      All of the above assumes that no legally binding contract or CBA says otherwise.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        i appreciate the feed back, seems like i work for a bedraggled employer not one that does anything illegal...on that note, anyone need someone to work for them who has an amazing knowledge of the footwear industry? All kidding aside thank you for the answers to my queries .

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        • #5
          What was the answer to my question about commissions? It does make a difference to the overtime pay question.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            What was the answer to my question about commissions? It does make a difference to the overtime pay question.

            sorry i havent been back in a while to this site... i only make commissions on warranties totaling about 2 dollars a week.

            Comment


            • #7
              Overtime paid at hours worked past 40 in the workweek is the default. I am pretty sure that Patty was asking about the 7(i) exception (Retail/Service Establishment exception), which you may or may not be eligible for, but which your employers is not using based on what you have said. Based on what you have said, you are probably subject to the normal overtime rules.
              http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Quoted by cbg "2.) You work 5 hours of overtime in week one of the pay period. They pay you time and a half for those five hours, but require that you reduce your hours in the second week of the pay period by 7.5 hours, resulting in a paycheck exactly the same as if you worked 40 hours of straight time in both weeks. LEGAL"

                CBG - If I am understanding your above quote correctly, then I will ask you to remember a recent conversation you and I had privately..."even friends can disgree."

                My understanding from a US DOL Investigator (recent contact with the investigator) is that if a pay period is two weeks, and the employee works 50 hours in week one, and 30 hours in week two, the OT is due for the first week. Now, the investigator may have been wrong, but I am offering up what she told me in a friendly conversation we were having. Also, I may have misunderstood your quote, so if I did, everyone disregard what I just said. CBG, I am looking forward to your response on this in case I misunderstood. Now, for clarification I understand that government employees are able to be offered comp time to offset OT, but not the private sector.

                If I am incorrect, it isn't the first time, so I look forward to hearing others opinions on this.
                Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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                • #9
                  What cbg was talking about in example #2 was lowering the regular hours in week 2 such that the total gross pay would be the same as working 80 hours in the pay period, 40 hours in each week.

                  Example. Week 1 worked 50 hours. 40 hours regular pay, 10 hrs 1.5 pay. Since 10 hours at 1.5 = 15 hours at regular pay, if the employee works no more than 25 hours in week 2, the gross pay for the pay period is the same.

                  Clear as mud?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    No, you are correct. Perhaps I didn't phrase it correctly.

                    Let's do it with numbers. For ease of arithmetic, let's assume that the employee makes $10 an hour. In an average two week period, the gross pay would then be $800 - $400 each week for two 40 hour weeks.

                    In week one of the pay period, the employee works 50 hours. The employee MUST be paid time and a half for the excess 10 hours, or $550 for the first week.

                    However, in week two, the employer may legally require the employee to limit himself to 25 hours a week, meaning that the employee would only receive $250 for week two; thus still receiving only $800 for the two week period.

                    Does that make it more clear?
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      Pattymd, and cbg,

                      Thank you, I simply misunderstood what you were saying, so when I read it, I thought...ummm, that's not right, but now that I see the clarification I completely understand and agree.
                      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                      Comment

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