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A couple of questions about my job Maine

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  • A couple of questions about my job Maine

    So I believe I am being mistreated by my work and I was hoping for some help if they are breaking any laws.
    • My employer us consistently forcing me to pick up other people's shifts and trying to make me work 11.5 hour days without breaks. We are a small kiosk that usually operates on single coverage.

    • I'm required to work overtime and they try to get away with adding the hours over my 40 hours to my next paycheck so they don't have to pay me overtime.

    • I am essentially on call 24/7. I am forced to cover other people's shifts with no prior notice. I've gone as long as 2 weeks straight without a day off.

    • I was hired as an assistant store manager and did both my job and the store managers job from my hire date until a week ago. I am still forced to do some of the store manager's job.

    • My time off requests are denied. Whenever I complain or express concerns my district manager and manger do nothing to help instead saying "it's part of management". Also I got paid nothing for doing a job they didn't train me to do but was ridiculed for not knowing what needed to be done or how things were supposed to be done.

    I've worked here for 4 months are i'm extremely stressed out on the point of crying everyday. Any help is appreciated.

  • #2
    1. & 2.) Mandatory overtime is legal, and so is working an 11.5 hour shift. Maine law requires that you be giving a 30 minute, unpaid break if your work shift is over 6 hours, but that is the only break required by either Maine or Federal law,and even that break is only required if three or more people are on duty. Overtime hours must be paid in the paycheck for the pay period in which they are worked, but what they can do is change your schedule around or send you home early/tell you not to come in on another day in the same pay period so that you do not work over 40 hours in the week. Maine is unique in that they are the only state which limits the amount of overtime that can be worked in a two week period, but the number of hours permitted is 80. That's 80 hours of overtime, not 80 hours total.

    3.) However, Maine does not limit the number of days in a row you can work. You can be on call 24/7 and work 365 days in the year and as long as you are paid properly, and do not exceed 80 hours of overtime in a 2 week period, no laws are being violated as long as you are paid properly. No specific notice is required to cover other people's shifts.

    4.) Not illegal. Unless you have a legally binding and enforceable contract that expressly states what you can and cannot be required to do, and you are not required to do anything either illegal or for which a license is needed, your responsibilities are whatever your employer says they are.

    5.) Not illegal. The employer always has final say over when time off can be taken, with limited exceptions that do not apply here. It's not very nice or professional of them to make fun of you for not knowing how to do something, but it's not illegal either.

    I'm sorry for your situation. It sounds like a miserable place to work, but with the possible exception of avoiding overtime, they do not appear to be violating any laws.
    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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