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 12 852
You deserved it 770

Same thing different taste

Top comments

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.


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

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.

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.

TeacherTeacher 11

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

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.

It's absolutely not illegal to not pay someone for overtime. It depends on their contract. For example, I'm a salaried employee in at at-will state. Either party can terminate the contract for no reason at any time, and I get the same paycheck every two weeks regardless of hours worked. The exception is FMLA. No money. If I start working 35 hours every week though, I can be terminated. Typically it's 45-50. Sometimes 70, sometimes 37. Same paycheck.

ApparentlyNotEno 28

In the United States at least, there are very few (if any) salaried cashiers. The rules for classifying employees as exempt are rather strict now, and were made to prevent just this sort of abuse.

nykkilynn16 7

I have never seen a salaried cashier.