LABOR LAWS: Can I do something about my employer screwing me?

[rockyct]

Originally posted by: Horus
rant

Umm. Labor laws say you have to have 2 days off if you work 5 in a row. You guys are a bunch of PRICKS for acting all high and mighty.

"OOOOH, LOOK AT ME, I WORK A GO-NOWHERE DESK JOB 9-5 monday to friday, PC SURGEONS DOESN'T KNOW WHAT HARD WORK IS OMGWTFBOOBIES."

He might work retail. Retail is hard because we have to deal with you asshats after you're off your shift, and feel the need to dump your GIGANTIC AMOUNT OF EDUCATION AND ANGST on us.

"OMG, WHY DIDN'T YOU KNOW THAT THIS TONER IS MADE FROM COLOUR 18? OMG IDIOT!"

/rant.

First off, again, even California does not have laws against someone working six days in a row. Also, like someone said earlier, if it's a biweekly pay period, then you're really screwed because it has to be seven consecutive days in that pay period. They could spilt it so you work 12 days in a row. However, that's in a worker friendly state, and he is not in one, so he's really screwed.

I have worked in Retail, a lot, in Retail in fact. It is hard work for pretty low wages, but you know what, they are a dime a dozen, and that's what makes them pay poorly. If he cannot work something out with his employer, he should quit. Assuming he's been a good employee and he's been there a while (which it looks like he has), they will work something out. It is probably BECAUSE of his seniority that they want him to work so much and not the other way around. Retail often punishes poor employees by slowly reducing hours.

I know retail is hard work. I have worked a string of ten days in a row, eight hours each, and this was perfectly legal in CA. The point people are making is that the OP has no legal grounds for his employer to change his work schedule, but he refuses to accept that and instead tries to pull out the discrimination card. He then lost whatever high ground he had left.

Bottom line is this, either:
1) work something out with your boss
2) suck it up
3) quit

Those are your only three options.

 

[DrPizza]

LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

 

[miri]

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

 

[MechaSheeba]

I work 5 days a week and you have a multitude of more free time than I do. So I don't know what you're complaining about really?

 

[BoomerD]

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

Actually, not unless you worked all those hours for one company. When you work 2 jobs, the hours don't piggyback so that you get overtime from the 2nd company.
Kahleeforneeya labor code says:

"510. (a) Eight hours of labor constitutes a day's work. Any work
in excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. "

Again , this presumes working for ONE employer

 

[waggy]

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

err WTF? you are soo wrong.

you can not split the time between 2 diffrent companies and expect to get paid overtime. that is not fair to the company.

 

[RedCOMET]

My uncle will work 12 hr days for weeks on end for his job. But i guess that happens as you become management.

 

[MikeMike]

how old are you 14.5 years old?

 

[Evander]

You guys need to chill out, he never said he was gonna sue anyone or go postal, he just wanting to see if there was a law or not. When you pushed him essentially saying he was a pussy, it's a matter of course that he would respond in kind.

Yes, free time is good to have, and if you are legally required to have a certain amount, it's worth at least looking into which was the point of this post. IMO, six days/wk @ 5 hrs is a pretty bad shedule if it was like that every week. For those saying it ain't b/c of total hours, how would you like it if you had a 5 day week at 8 hrs/day (9:00 to 5:00), and it was changed to a 7 day week at 6 hrs/day (10:00 to 4:00)? Total hours are about the same aren't they? But it would suck. Besides having to wear your stupid work clothes everyday, if you had an exhausting job you might everyday plop down on the couch after work everyday and not want to do much else. There's also the issue of extra time/gas from transporation since you're driving to the same place an extra 2 days/wk than you normally would. I'm sure the OP wants to work to live, not live to work.

 

[erub]

When I worked retail, I never understood the people who would voluntarily be sent home when we had an extra person..I always wanted the hours, because hours meant pay! Any way that I could get those hours was fine with me..

 

[miniMUNCH]

Your employer is not breaking any laws...if you are union you can complain to your union.

I suggest you find another job if you don't like the days/hours.

BTW OP, you deserve the smart ass remarks. I"m being nice so I won't say any more.

 

[DrPizza]

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

The first part of that is interesting... the time & a half... I wonder what the exact wording is, because it seems that your employer is supposed to compensate you 1 1/2 times your regular pay. Since the majority of your pay comes from tips, it seems that the employer would be required to pay you well in excess of that $3.19.

 

[BoomerD]

Originally posted by: DrPizza

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

The first part of that is interesting... the time & a half... I wonder what the exact wording is, because it seems that your employer is supposed to compensate you 1 1/2 times your regular pay. Since the majority of your pay comes from tips, it seems that the employer would be required to pay you well in excess of that $3.19.

Unfortunately no...regular pay is what the company pays you on your check. Tips are "extra" pay, and not subject to overtime adjustment.

 

[miri]

Originally posted by: waggy

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

err WTF? you are soo wrong.

you can not split the time between 2 diffrent companies and expect to get paid overtime. that is not fair to the company.

I know but during those days I worked more than 8 hours a day at a single company

 

[miri]

Originally posted by: BoomerD

Actually, not unless you worked all those hours for one company. When you work 2 jobs, the hours don't piggyback so that you get overtime from the 2nd company.
Kahleeforneeya labor code says:

I know, but since I worked 5 x 8 hour shifts in a row, 16 of those hours were from the same company during the same day

 

[BoomerD]

Originally posted by: miri

Originally posted by: BoomerD

Actually, not unless you worked all those hours for one company. When you work 2 jobs, the hours don't piggyback so that you get overtime from the 2nd company.
Kahleeforneeya labor code says:

I know, but since I worked 5 x 8 hour shifts in a row, 16 of those hours were from the same company during the same day

as long as they fell within the companies "normal 24 hour day", (such as midnite to midnite) then, YES, you'd have been entitled to overtime for the extra shift.
I've worked many jobs where I did my normal shift, went home, then got called back. ALL call-back time was overtime. Being union jobs, if I didn't get 8 hours off between the time worked, then the next day was overtime as well. I worked one job for 32 hrs straight. Union rules made the first 8 straight time, the next 2 hours at time & a half, and the following 22 hours at double time...
But when I worked in Wyoming, I worked a couple of jobs where we worked 3-13 hour shifts...all at straight time...so I usually worked a different job for 4-10 hr shifts to make extra $$$

 

[chrisms]

My last job was as a prep cook for a pizza restaurant. I was scheduled 7 a.m. - 9 a.m., sometimes leaving early but never ever working past 9 a.m. I confronted the owner about it after about a week and a half and he couldn't believe I was complaining, it seems the jackass didn't realize that waking up at 6:30 a.m. every morning wasn't worth the $14 I made every day, if I was lucky.

Find a new job while working your crappy hours, that's my advice.

 

[Cdubneeddeal]

I work on the average 10-12 hours a day six days a week. Double what you're doing now then ask if there's a law on it. In Washington, no, there is no actual law regarding it. We're a mandatory overtime facility and it states when I was hired and when I hire my employees that I have the option to turn on mandatory overtime and notify the employees 24 hours in advance. If you think you're hours are bad now, wait until you get a real job with real responsibilities.

 

[alkemyst]

Originally posted by: BoomerD

Originally posted by: DrPizza

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

The first part of that is interesting... the time & a half... I wonder what the exact wording is, because it seems that your employer is supposed to compensate you 1 1/2 times your regular pay. Since the majority of your pay comes from tips, it seems that the employer would be required to pay you well in excess of that $3.19.

Unfortunately no...regular pay is what the company pays you on your check. Tips are "extra" pay, and not subject to overtime adjustment.

Your employer would be required to make sure your wage + tip = minimum wage at time and a half. If you were short they technically have to make that up...there are a lot of loopholes in this as no one reports daily tip earnings to their employers and most do not report them as income in order to avoid taxing.

 

[BoomerD]

Originally posted by: alkemyst

Originally posted by: BoomerD

Originally posted by: DrPizza

Originally posted by: miri

Originally posted by: DrPizza
LMFAO!

Paperboys have to work 7 days a week delivering a newspaper.

Consider this practice for when you are suddenly faced with a massive amount of overtime because of something unusual happening where you work. Last summer, for 7 straight days, I worked 14 hour days. And, my wife (a nurse) had to work 4 consecutive 16 hour days (leaving her with only 5 1/2 hours to sleep each night.) We both welcomed it - it's good to occasionally deal with some degree of stress like that. (Plus, the pay was quite nice)

this reminds me of when I got overtime waiting tables in Virginia, $2.13 x 1.5 = $3.19

One time in Virginia, I worked 2 retail jobs and ended up working 40 hours straight. Well, I did have a little time in between shifts, but that was to get from one job to the other. I got 0 overtime for that, in California, that would have been a ton of overtime because of working over 20 hours in a day

The first part of that is interesting... the time & a half... I wonder what the exact wording is, because it seems that your employer is supposed to compensate you 1 1/2 times your regular pay. Since the majority of your pay comes from tips, it seems that the employer would be required to pay you well in excess of that $3.19.

Unfortunately no...regular pay is what the company pays you on your check. Tips are "extra" pay, and not subject to overtime adjustment.

Your employer would be required to make sure your wage + tip = minimum wage at time and a half. If you were short they technically have to make that up...there are a lot of loopholes in this as no one reports daily tip earnings to their employers and most do not report them as income in order to avoid taxing.

but, in MOST of the country, the minimum wage for tippable jobs is $2.13/hour, so X1.5= $3.20/hr.

 

[flyfish]

I worked 12-14 hrs/day 5 days/week for 15 years.
I got tired of it and quit.
Now I don't work at all.
Good luck.

 

[thesurge]

What about medical residents? Don't they work a ridiculous amount of hours... I doubt there are any labor laws for that... are there?

 

[Zenmervolt]

Originally posted by: Horus
Umm. Labor laws say you have to have 2 days off if you work 5 in a row.

No, they don't. Dumbarse.

ZV

 

[spidey07]

Originally posted by: Chryso
Time to grow up.

That pretty much sums it up ritght there.

OP - quit whining and get used to life. You can't cry "foul" or "life isn't fair" anymore. Welcome to the real world.

 

[MemoryInAGarden]

If you're working 5 hours per day, 6 days per week, shame on you for complaining. Even if you got some hours in the middle of the day (2-7), there is still plenty of time before and after work to fulfill your responsibilities and have some fun. The only ethical reasons that I thunk you'd have to grumble about would be if you have children or an elderly person at home to care for, and these working hours/days weren't clearly stated before you were hired, and were thus interfering with the care of the person at home. Also, if you're a college student and this interferes with your class schedule, it's inconsiderate of your employer to schedule this way, especially if you stated that you could not work certain hours and gave a valid reason as to why. But I think you're just whining and that neither of the above situations apply to you.

I'm an organized labor loving liberal through and through, but you need to grow up and be grateful that you are able to work these hours and get paid. I know plenty of unemployed people who would gladly take any job they can get, especially from someone who doesn't appear thankful for what you have.

To the people who seemingly wear their 80-100 hour work weeks as a badge of honor and want to tell everyone about how tough you have it, shame on you too. You accepted the job and in all likelihood knew of the responsibilities attached to it when you were hired. 80-100 hour work weeks are not normal work weeks for the normal worker. Suck it up and shut up, quit, or adjust your lifestyle so you don't have to work so much.