By Anonymous - 01/11/2016 14:47

Today, I had a 10-hour shift that started at 5 a.m. We can't leave until relief comes and we don't get paid for overtime if our relief is late. The good news is my relief came early. The bad news is he went on a smoke break and never came back. They want me to stay until we close and I'm the only cashier. FML
I agree, your life sucks 12 774
You deserved it 753

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If you work over 40 hours, you are eligible for overtime. No ifs, ands, or buts...

Time to start smoking.

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Time to start smoking.

And never come back afterwards.

If you work over 40 hours, you are eligible for overtime. No ifs, ands, or buts...

Not if you are salaried and overtime exempt, which is quite common.

If the OP is in the US, then the OP should look into the law and how it applies to them, and their job.

This is only if you work 40 hours. If OP is part time, working a 15 hour shift won't get her over time if it changes her weekly hours from 25 to 30. OP doesn't work in a salaried job.

New law States that salary job must get paid overtime too

never heard of a salaried part time job

The overtime laws vary greatly by state. I once worked on implementing a new payroll system at a large company and the pay rules for employees in California made me jealous. Especially when the project had me working insane amounts of overtime I did not get paid for in my state but would have under other state's laws.

In Alaska a shift over 8 hours is overtime on top of going over 40 a week

Well first off - it sounds like OP does not get paid PERIOD for over 10 hours, not that they don't get time and a half. And a Cashier can't be a salaried position, or EVERY store would do that in order to circumvent minimum wage laws. The employer in this case is clearly willfully breaking the law, and needs to be reported.

I had a job that did that. Apparently it is not common though so when I asked my boss at this new job he looked at me funny.

There's no overtime at my cinema.

22 those laws do not go into effect until December and she should get the overtime because the relief was early not late and abandon the job. With what information is provided they qualifies.

I looked up the national law. though idk if it is the one not in effect until December 22. But in any case, as you are a cashier and work non salary/part time, your employer is required to pay you for ALL hours worked. Overtime pay is also required of you work over 40 hours in a week, salaried or not. Overtime pay is more than typical pay. So in essence you are required to be paid..it just might be like working a double shift. You aren't working for free though. if that was your concern? Also some states have extra laws that could go more in your favor e.g. limiting to amount of hours one can work in a day without increased aka overtime pay being required. Look into what your rights are!

That stinks ... they should be punishing the person that came late.. not the person that stayed to cover.

It doesn't sound like the person that was late is ever coming back, so it's kind of hard to punish them. However it sounds like the employer is breaking the law anyway.

I'm all 50 states, it's illegal to refuse someone pay it they work 40+ hours a week.

The issue isn't "not paying at all." It's not paying overtime, which is legal under certain circumstances.

you should "take a smoke break" next shift

You are so profound! That guy ditched me meaning I should ditch someone else to balance the universe! Dumbass.

You must work for Walmart they tried that with me and I said "overtime or I'm leaving" they can't force you to work a second shift.

It MUST be because Walmart is the ONLY company that can screw over employees?

Like other people have said, I'm pretty sure it's illegal to not pay you overtime if you're working a certain amount of hours. Also, I know it can be hard, but this is a situation where using the word "no," would be best. They already have you working long hours and ask you to stay even longer, without paying you properly, because they have an unreliable employee. They're pushing boundaries to see what they can get away with. If you let them treat you like this now, they won't stop, they'll try and take advantage of it every chance they get. I've seen it many times before and many employees just let it happen. Your relief came, your job is done. The fact that he left is not your problem or responsibility, it's the stores to either find what happened to him, or get another person.

Well f**k them.

How was this person allowed to take a smoke break when he had just arrived?

because they'd arrived early, they probably went before the shift started.

its only overtime if its more then 40 hours a week. so if OP is part time and would be less then 40 hours even with a long day. no overtime.

Again, overtime isn't the same at each company. Three main options: 1. None (yes, it's legal and extremely common) 2. More than 40/week 3. More than 8/day

Yes, it is very common, but 'none' is only legal under certain circumstances.

I work "part time" and am frequently scheduled 35-40 hours a week. If op is the same adding those extra hours could easily put him into overtime

Overtime is federally regulated, it doesn't matter what a companies rules are, they are still required to follow federal law or state law - whichever is stricter.