I am sooooooooooooooo p``ed!

sherral46

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I worked 56 hours in my frist week of new job,I should have been paid time and a half for 16 of them,I only got paid stright(sp) time!I called the labor board to make sure and they said I was right and they want me to press on with this because they have recived calls from 2 people who worked there before me and he did the same thing to them,also I have worked 12 hour days with one 10 minute breck(sp)!he said that is wrong also.and he wants me to fight this too.What would you do?I really needed the extra $140 I should have gotten.
 

purrfectcatlove

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I hate to tell you this , but .... it may cost you to lose the job . But for sure I would ask why you were not payed right , then you can go from there ... anyhow good luck
 

annabelle33

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sometimes it's best not to make waves, especially if you really need the job. I would press hard enough to get some kind of explanation, but I don't know if I would go to far with it until you are more established.. They shouldn't get away with it, and you shouldn't be silent, but sometimes you can't fight the system. I used to work at a place where we were forbidden overtime, so I would work overtime and instead they would just double the extra hours on my next pay. I even used to work off the clock for HOURS to save them from OT. Sure it was wrong, but if it's me versus all the mgmt, with proof or not what can I do.? My bf's dad pressed on in one of these issues and he actually got hours DEDUCTED because he was supposed to have an hour break every 8 hours he worked but he worked through them do to need, and they got HIM in trouble for not taking proper breaks..

But I definately would ask about it, as over 40 hours is still currently overtime..
 

dragonlady

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I would go to the boss and tell him that the person who made the checks made a mistake and they need to learn the laws about overtime. You can understand the mistake happening and look forward to the new check that covers the overtime. I would also let them know if it happend again You will go to the labor board and have them look into it. If you get fired for this I would also sue for wrongful termination and make sure the owner knows about it. The overtime money could be going into someones pocket.
 

harrythecat

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The first time, I would definitely approach it as "a mistake" -- go to the payroll person and let them know there was a mistake on your paycheck and ask if the balance owed to you will be paid to you on your next paycheck. If they claim it is not a mistake, I would advise them of the labor laws and ask to speak to someone higher up in management. It's not "making waves" to ask to be paid correctly!
 
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sherral46

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I just talked to my boss she said he has done the same thing to her for a month! Since the frist of her pay checks.And when she said something to him he got mad and told her she should be glad she has a job!And 2 grils who got let go (for different reasons) he did the same thing!And even though he is from India he has been in this line of hotel's for 6 years (out of our town)he should know the laws.The only people who get the time and a half for overtime is his frount desk staff.I am kinda peed at her for not telling me this when I got the job!And no I didn't think to ask him,I thought everyone knew that.
 

mzjazz2u

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Isn't it the law there that they have to pay overtime for anything over 40 hours? If so, I wouldn't let it go. I'd file a complaint. Yeah, it's tough because you don't want to make things harder for yourself. But then again, it isn't right for everyone to keep letting him get away with this either! Good luck.
 

lorie d.

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Sherral, I don't have any advice, but I just wanted to say that type of thing happens all the time at the place where I work. And then the employer
can't figure out why people don't want to work any additional shifts!!! Thank goodness a new owner will be taking over soon!
 

cheeseface

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It doesn't sound like you'll get your hard earned money without a fight, but the fight may cost you more because this jerk might find an excuse to fire you. Then you'll be out of a job while you wait for the labor board to investigate. I would suggest asking for more specific advice from the board. Get the most you can get out of them. Maybe you could get in contact with the other women who got fired too. They might be willing to help. Try to get some other jobs lined up just in case you really do have to fight.
 

jellybelly

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Not to ruffle feathers but my husband's experience with people from India has never been great, they will screw you financially, even more so when thay are put in that type of 'control.' I would say push it and see and look for a better job. Also file complaints against him, don't they have to have a reason to 'fire' someone? This guy could be doing something illegal which it seems that way since he's done it before. Your decision, don't know how badly you want to work for someone who will always screw you on your paycheck. I agree with the others, approach it as a 'mistake' and see what happens. Sorry that you have to go through this Sherral
 

krazy kat2

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That is totally illegal! If it is their policy, they could be in deep trouble. I wonder if the labor board there will just investigate without using names. I have heard of this being done if there are enough complaints, but have no idea what "enough" might be. Good luck with this, I hope it works out without loss of your job.
 

bren.1

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Definitely say something at work. You're working in a hotel, right? They are notorious for doing this to people. Keep track of all your hours, just in case you need it later.
 

hissy

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Sherral it is up to you what you want to do. But think carefully before you blow the whistle as it may very well cost you this job that you didn't have before and were so worried about getting. If there are so many other people who have been wronged by this company, then tell the people who are pressing you to contact them and let them file complaints. I would bet the head honcho at the hotel's last name is Patel? You don't have to say anything, but if I am right, then you know that I understand what you are dealing with.

I would instead start looking for another position at another place and if you find one, then put in your notice and quit. It is not fair what they are doing, and I would not work any more overtime for them either, but you are between a rock and a hard spot about how to proceed here.
 
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sherral46

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I have a interview at a nursing home Sept 3 or 4,I am thinking of taking it .Yes hissy thats his name!
 

hissy

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Thought so, I am telling you right now Sherral, you cannot win this fight.
Good luck with the interview!
 

dougbug

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hey there, i think this is awful, but i agree, without a union to back you you wont win, think being paid overtime has to be agreed upon in a contract, i think. but this place sounds like a rip off, if they pay front desk overtime they should pay all employees. i would just stay low and look for another job, and the break think i do think thats illegal, im sure you have to have a 30 min. lunch after so many hours worked. good luck, and i sure do hope you get another job soon and get away from this creep...
 

kev

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Heres my 10 cents worth.

The US Labour law clearly states in black and white and I quote..

http://www.dol.gov/

Overtime Pay

DOL Web Pages on This Topic
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.


Do what I did - use Google - input US labour law and you can have a field day - it seems very cut and dry to me -You work over the 40 hours and you dont get paid it - you have every right to ask for it. Point the employer to the above web site and it confirms that the employer is in breach of your rights and these are law in the USA.

If all else fails - you have the opportunity to walk - although never recommended until a new job is offered and accepted. If you do walk - I would walk straight to the employment people and sort this problem person with them. Its not just you thats getting stung. Either that or work your 40 hours and say ttfn for the day.

Kev
suddenly an expert on employment law courtesy of google
 
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