Money Matters
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New job seems fishy...

I started a new job a few weeks ago and today I received my first paycheck. I expected the paycheck to be a little higher in price because on a couple of occasions, I was forced to stay late (on one occasion my relief did not show up on time, the other I had to fix some paperwork). I checked the hours and realized I was NOT paid for the time that I had to stay late, nor was I ever allowed to leave early to make up for this time.

When I brought this information to my trainer, I was told that they only pay for the hours you are assigned on the time sheet, no additional.

Is this legal? I feel if I work an hourly job, I should be paid for ever hour I work. If I am forced by management to stay late, I feel I should be compensated for it. I am not salary and I do not work for free. Help?
White Kids Love Hip Hop.

Re: New job seems fishy...

  • It depends.  Most companies only pay for every 15 minutes of work not for every minute.  If these times were less than 15 minutes then there is no foul.  If it is longer than this then it should be in the employee handbook how they handle this.  A lot of times if your replacement doesn't show up on time you are supposed to call your boss so that they can have someone take over for you.

    Hopefully your trainer will discuss how to handle this.

    FYI, I have worked in factories before where I felt it was best to get there early to see what was going on and then if needed stay late to finish up what I started.  By doing this I was able to at one place to be made the assistant supervisor as soon as I was hired in full time.

    Then again, I am a little old school when it comes to this.
  • If this is salary, then that's that: if you are salary at a thousand a week, it is a thou a week, whether you work the ageed 40 hours a week (or what the weekly hours are) or whether you work 400 a week.

    If it is hourly, then you are to be paid time and a half for what hours exceed whatever your weekly hours are -- 35, 35.5, 37, 40 or whatever it is.
  • check with an HR department. If you are paid hourly, you should be paid for every hour you work, but they may have a policy in place about no shows that you didn't know about and so they aren't paying you.  I believe overtime is over 40 hours at most places.
    If they don't pay you when you have to stay late- the managers should know that, so they shouldn't be asking.
    image
  • you must be salary
    Baby Birthday Ticker Ticker
  • I promise you Im hourly. not salary.
    White Kids Love Hip Hop.
  • Typically if I stay late it will amount to anywhere between 15 minutes to an hour. It depends on how late my relief is. But to answer the question, I did accept an HOURLY position. Not salary!! Been on salary before and hated it!
    White Kids Love Hip Hop.
  • Does payroll automatically make out the checks based on what is scheduled?
    Do you turn in a time card?  How are they made aware that you worked more than scheduled?
  • lizznjohn said:

    Typically if I stay late it will amount to anywhere between 15 minutes to an hour. It depends on how late my relief is. But to answer the question, I did accept an HOURLY position. Not salary!! Been on salary before and hated it!

    I had an hourly job once where it was part of the culture that you'd stay late sometimes, mostly when people were out sick. Basically we treated it like salary. If this is a career position you love I might wait it out a little before pushing too hard on this. If not, you probably would be justified to ask for more info about how much this will be expected. Technically it isn't legal.
  • don't know if you are working in an office type job or not.  I've worked 2 admin type jobs before and although I was hourly, overtime was not allowed and they really considered it "salary".  Maybe your job is like that.  If I stayed an extra hour late at my last job, I would not have been compensated on it.  That's why I always left when the clock said 4:30
    Baby Birthday Ticker Ticker
  • http://www.dol.gov/dol/topic/workhours/overtime.htm

    I hate when companies try to get away with this crap! Do a little investigating, if they are not complying with the law, try your best to find a new job, and make sure they pay you for the time you worked! I would have a conversation with an employment/labor attorney. Usually they won't charge you for a half-hour conversation.
  • I do turn in a time card for all of my time worked. And yes, they are aware because I have to reporting it to them. If this was a higher paying job, I really wouldn't mind as much. But after a recent layoff, I had to accept what was offered. Im probably making about $600 a month less than my previous and barely making bills. They keep talking to me about a promotion, so I am trying to stick it out. But I am job hunting on the side.
    Sisugal said:
    Does payroll automatically make out the checks based on what is scheduled?
    Do you turn in a time card?  How are they made aware that you worked more than scheduled?
    White Kids Love Hip Hop.
  • vlagrl29 said:
    don't know if you are working in an office type job or not.  I've worked 2 admin type jobs before and although I was hourly, overtime was not allowed and they really considered it "salary".  Maybe your job is like that.  If I stayed an extra hour late at my last job, I would not have been compensated on it.  That's why I always left when the clock said 4:30
      I wish I could leave at my scheduled time, but I cannot leave the desk unattended and if my relief is not there, I can't leave. I work the desk alone. I could understand them treating the job like salary if it was salary pay. But the pay is pretty low, but they keep mentioning a promotion so Im trying to hold on! I'm currently making about $600 less a month, which has definitely made day to day life a lot harder!
    White Kids Love Hip Hop.
  • VORVOR member
    Eighth Anniversary 500 Love Its 500 Comments Name Dropper
    If you are hourly, they have to pay you for all your time worked. Start making copies of your time card. Document as much as you can. They can't arbitrarily decide to treat you like salary. That's not their decision to make.
  • VORVOR member
    Eighth Anniversary 500 Love Its 500 Comments Name Dropper
    vlagrl29 said:

    don't know if you are working in an office type job or not.  I've worked 2 admin type jobs before and although I was hourly, overtime was not allowed and they really considered it "salary".  Maybe your job is like that.  If I stayed an extra hour late at my last job, I would not have been compensated on it.  That's why I always left when the clock said 4:30

    And I'd bet you this is illegal. This is why we have laws. Companies can't arbitrarily pick and choose if your hourly or salary.
  • lizznjohn said:
    vlagrl29 said:
    don't know if you are working in an office type job or not.  I've worked 2 admin type jobs before and although I was hourly, overtime was not allowed and they really considered it "salary".  Maybe your job is like that.  If I stayed an extra hour late at my last job, I would not have been compensated on it.  That's why I always left when the clock said 4:30
      I wish I could leave at my scheduled time, but I cannot leave the desk unattended and if my relief is not there, I can't leave. I work the desk alone. I could understand them treating the job like salary if it was salary pay. But the pay is pretty low, but they keep mentioning a promotion so Im trying to hold on! I'm currently making about $600 less a month, which has definitely made day to day life a lot harder!
    I never did turn in a time card.  My hours were always 8-4:30 and I didn't have to wait for relief to leave.  Sounds like you should look into this further especially with a time card.  I am not understanding why they aren't paying you extra.
    Baby Birthday Ticker Ticker
  • VOR said:
    don't know if you are working in an office type job or not.  I've worked 2 admin type jobs before and although I was hourly, overtime was not allowed and they really considered it "salary".  Maybe your job is like that.  If I stayed an extra hour late at my last job, I would not have been compensated on it.  That's why I always left when the clock said 4:30
    And I'd bet you this is illegal. This is why we have laws. Companies can't arbitrarily pick and choose if your hourly or salary.
    It probably is.  We also never got 15 minutes breaks like you are supposed to have.  Lunch was to be only a 1/2 hour, but I was always taking an hour.  To me that extra half hour were the 2-15 minute breaks we should have had.  It was the same at the office job before that.  I don't miss the corporate world…..
    Baby Birthday Ticker Ticker
  • VORVOR member
    Eighth Anniversary 500 Love Its 500 Comments Name Dropper
    vlagrl29 said:
    VOR said:
    don't know if you are working in an office type job or not.  I've worked 2 admin type jobs before and although I was hourly, overtime was not allowed and they really considered it "salary".  Maybe your job is like that.  If I stayed an extra hour late at my last job, I would not have been compensated on it.  That's why I always left when the clock said 4:30
    And I'd bet you this is illegal. This is why we have laws. Companies can't arbitrarily pick and choose if your hourly or salary.
    It probably is.  We also never got 15 minutes breaks like you are supposed to have.  Lunch was to be only a 1/2 hour, but I was always taking an hour.  To me that extra half hour were the 2-15 minute breaks we should have had.  It was the same at the office job before that.  I don't miss the corporate world…..

    Well, this isn't the "corporate world". Ive worked in the corporate world for 20 years and the companies I worked for didn't do this.
  • Wulfgar said:
    FYI, I have worked in factories before where I felt it was best to get there early to see what was going on and then if needed stay late to finish up what I started.  By doing this I was able to at one place to be made the assistant supervisor as soon as I was hired in full time.

    Then again, I am a little old school when it comes to this.


    To me, it's not old school.  It's the difference between voluntarily coming in early and staying late in order to educate yourself and an employeer taking advantage of "free labor".

    One is voluntary, the other isn't.....

     

    To the OP......I would start looking for another job.

    Daisypath Anniversary tickers
  • If you are hourly (I'm assuming you are in the U.S.), it is against federal labor laws to not pay you for every hour you work and pay you at time and a half...if those hours total over 40 hours for the week.  Or more than 8 hours/day for SOME states (though not most).

    With that said, is this a hill you want to die on in a new job?  If it were me, I wouldn't necessarily make an issue about what has already happened, but I would speak to HR and/or your manager about the illegality of what happened and how they would like you to handle things in the future to make sure this doesn't happen again.

    For an example, I had a salaried job BUT it was in my contract that I was paid OT for any hours over 40 that I worked in a week.  Long story short, I was very upset about a new "restriction" they put on my job where I was required to stay at the reception desk at all times to answer the phone or greet people walking through the door...unless someone was available to cover for me.  I immediately asked my manager, "So, what do you want me to do about lunch? Most people leave for lunch; however, if I AM NOT ALLOWED to leave...which is illegal, but I'll let it slide...do you all want to pay my OT for that time or let me leave an hour early?"

    And the irony was, I usually stayed at the office during lunch anyway and would pick up the phone if it rang.  No biggie.  One of those situations where my being a nice employee and providing my employer with a "bonus" suddenly turned into a requirement.  But once I was REQUIRED to do that, all bets were off.

    After my manager picked her mouth back up off the ground, she stuttered out that she would make sure that either she or Employee A would relieve me to take my 1-hour lunch.

    Fast forward three days.  It's Friday.  And she and her best buddy Employee A, going running out of the office at the exact stroke of 11:30.  And did not return until 1:00.  I calmly walked into her office upon their return and said, "Per our previous conversation, since I was not allowed to take lunch.  Would you like me to charge that to OT?  Or should I leave an hour early today?"  The look on her face, LMAO, was the BEST!  I will give her credit that she apologized profusely...even asked if I'd been able to eat something...and said she had forgotten about it.  She told me I could leave early that day ;)

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