By Anonymous
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
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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.

  Reasonable_one  |  12

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.

  tounces7  |  27

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.

  jab7769  |  8

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 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!

  tounces7  |  27

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.

By  InfiniteSunshine  |  32

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.

  luther48  |  20

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

  k_cummins  |  21

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

  tounces7  |  27

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.