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Fast Food Overtime vs Comptime Mississippi

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  • Fast Food Overtime vs Comptime Mississippi

    Here's kind of a strange question...my stepson lives and works in MS at a fast food restaurant. Over the summer he was working 50+ hours a week (he's 16), now during this time he was only being paid for 40 or less of it. Now that he is back in school, his manager is cutting his work hours but paying him for a full week to make up for the summer hours. We are not understanding this. Do they have comp time in fast food and would this be considered comp time or is he being taken advantage of? If he were to say switch jobs wouldn't they have to pay all the back wages to him at an overtime rate??? Wouldn't it be on record of time punches the true hours worked? And how now could you justify it by paying him without putting it on the books?? we are very confused, but somehow it doesn't sound right...it sounds a little underhanded, like fudging the books....if this is not right or legal who would you report it to????? I know lots of questions..sorry it just sounds fishy

  • #2
    Are you saying he was NOT getting paid overtime before? Private employers (as in contrast to public employers, such as governments) may not require, or even offer, comp time in lieu of paying overtime in cash. Your son can file a claim for the back overtime with the state Dept. of Labor. Expect, however, that the employer would claim that he is entitled to offset that with pay that he has since received for hours not worked.
    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
      No he wasn't getting OT before, this only started during the summer. This is a national fast food chain and the manager happens to be his mother. I don't think he should work at the same place, and we are not sure if this practice is for all the employees or just him. He is also suppose to be company snitch. We don't want him to get into trouble or be taken advantage the way it is being done doesn't sound right regardless of who the manager is.

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      • #4
        I'm not going to get into the family dynamics here. Except to say that he's being put in a very uncomfortable position. And who's gonna file a wage and hour claim against his mother?

        The fact that he is working in his parent's business MAY be a factor here. You can call the state (or federal) Dept. of Labor to inquire specifically. But, assuming not, the law is the law. Isn't there some other fast food place he could work? He has experience now.
        Last edited by Pattymd; 12-20-2006, 04:39 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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