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

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Zenmervolt

Elite member
Oct 22, 2000
24,512
21
81
Originally posted by: MemoryInAGarden
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.
No-one in this thread has been trying to tell the kid that 80-100 hour weeks are normal.

The point has been that his hours aren't even remotely bad.

ZV
 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
In illinois its not against the law. But on the 7th day and every day after it counts as time and a half. The amount of hours doesn't matter, so you can work 6 days 1 hour a day, then the 7th and 8th you work 10 each. That means you get time and a half for 20 hours.
 

BoomerD

No Lifer
Feb 26, 2006
64,039
12,366
136
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.

OK, went back and re-read the Federal standards on this:

"An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference."

"Tipped employees are those who customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages.

The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the minimum wage when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement."

Therefore, a tipped employee working overtime must be paid (including tips) the overtime rate of $7.23/hour. This law sux and should be repealed. (no, I've NEVER worked as a tipped employee) This is just wrong on many levels...



 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: BoomerD

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

thank god you corrected this.

Most ppl should not reply to every thread possible.
 

Wheezer

Diamond Member
Nov 2, 1999
6,731
1
81
Wow...this is just so so sad.

I have not taken the time to read the whole thread, but whatever you plan to do with your life, do not under any circumstances take a salary position.

You think you are getting hosed now....
 

JEDI

Lifer
Sep 25, 2001
29,391
2,736
126
Originally posted by: PC Surgeon
Ok, so I've been working at this place for almost 3 months now. My normal schedule is 4-5 days a week 5hrs a day(I know, it's cheese). Anyway, I just got my schedule and they have me scheduled for next week for 6 days strait @ 5hrs a day. I told the Store manager about a month ago that if she wanted to give me more hours to make them 8hr days not 5hr. She went ahead and scheduled it that way anyways. To top it off, the end of this week end today and I have to work. So that means 7 days strait. I like the people I work with, but I like my free time more.

There has to be a labor law out there to stop them.

Anyone know what I can do about this?

PLEASE HELP THE LITTLE MAN FIGHT BACK! :(

ah.. i smell a strong sense of entitlement from this one

Welcome to the real world... muhahahahah
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Wheezer
Wow...this is just so so sad.

I have not taken the time to read the whole thread, but whatever you plan to do with your life, do not under any circumstances take a salary position.

You think you are getting hosed now....

Yeah they pay most upper management by the hour....just tell them 'Hell no, I will stay on my $25/hr "free ride" and keep my red stapler'

There is a point where a salary makes sense to everyone.

If you are working for a wage that pays X dollars, you want to make sure your new salary covers that assuming you work 1-2 hours extra per day...that's how I look at it anyway. I am still staying on hourly.

 

masterxfob

Diamond Member
May 20, 2001
7,366
3
81
i'm only 26, but kids these days are fucking pansies. i've worked with my parents since i was 6 years old, washing dishes, cleaning bathrooms, and bussing tables. when i got my first real job, a real opportunity to gain valuable experience in my profession, i worked 6 to 7 days a week, 12+ hours a day, for probably the first 2 months. i had maybe 5 to 6 days off during that span and i didn't complain because i learned a lot and it paid the bills. it was a good life lesson on why i should have studied harder and why i'll most likely go back to school. that and i'll make damn sure that my kids bust their asses in school. school isn't everything, but people without degrees work 2x harder for the same amount of money.

so F you and your 6 day, 5 hour, work week :)
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: masterxfob
i'm only 26, but kids these days are ****** pansies. i've worked with my parents since i was 6 years old, washing dishes, cleaning bathrooms, and bussing tables. when i got my first real job, a real opportunity to gain valuable experience in my profession, i worked 6 to 7 days a week, 12+ hours a day, for probably the first 2 months. i had maybe 5 to 6 days off during that span and i didn't complain because i learned a lot and it paid the bills. it was a good life lesson on why i should have studied harder and why i'll most likely go back to school. that and i'll make damn sure that my kids bust their asses in school. school isn't everything, but people without degrees work 2x harder for the same amount of money.

so F you and your 6 day, 5 hour, work week :)

Is this trolling or borderline poverty, I wish I knew what your 'profession' was?

A 6 year old child should not be in bathrooms or dishwashing areas in the USA...although I am not saying it doesn't happen.

Although a 30 hour workweek seems golden to me.

 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: PC Surgeon


Well am I not singled out? I think so. I have other schedules showing that I was not scheduled more than 5 days, going back the length of my tenure. It also shows NO ONE else worked that many either. So to say its not discimination, I would like to know why not.

As for talking to the management, I'm already going to do that.


Its not discrimination if the hate you....

 

fitzov

Platinum Member
Jan 3, 2004
2,477
0
0
caveat: I haven't read any other replies.

Tell the manager that you are unhappy with your schedule.
Negotiate.