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No. You get overtime after 40, right? If your company is small enough, they're not even obligated to pay overtime. And they could do that and still be within the bounds of the law.
Anyway, unless you signed a contract that limits your time between 8 and 5, then they can do anything they like. They can change any aspect of your job--they can add "making coffee" to your job responsibilities--and there's nothing you can do about it except quit. As long as they're not asking you to do anything illegal.
Love folks like the OP who think the law is whatever they want. With few exceptions amongst liberal states, OT starts at 40, and the boss can schedule you however he/she deems fit.
In Alaska we have to pay employees overtime for anything over 8 hours per day no matter if they get 40 hours that week or not. So much for the liberal state theory.
True, minority of states would have been more accurate. Majority simply let Fed DOL set all their rules. If the OP is entitled to the money, he/she can of course pursue it, but jobs are tough to come by, and the difference is 1/2 an hour of pay.
Might be wiser to see if manager will allow OP to come in late on days with deliveries, to keep at 8 hours each day.
Frankly I'd be more concerned about the boss requiring the OP work through scheduled breaks, or not being allowed any breaks for a full-time day's work. Each state has different criteria, but as far as I know, they ALL require that the employee be allowed break time when they're working a full-day shift. They don't all require that the employee get paid for that time, but the employee is supposed to get a break. In CT it's a half hour if the employee is scheduled 7.5 or more hours in a day's shift, but the employer isn't required to pay the employee for it. So if they're scheduled 7.5 hours, they only work 7 of those hours, and a half hour of that time is break-time. The break has to be provided no sooner than 2 hours before the start of their shift, and no later than 2 hours before the end of their shift.
The laws are very specific about that, and all states have them.
The best bet, assuming one does not have sufficient savings to allow for time laid off b/w jobs, is to seek a new job, and have an offer, before complaining about 1/2 hour pay..even if correct in assuming it must be paid.
Critical question should always be: Does the reward justify the risk?
I am NOT being paid for working over 8 hours. I can work 12 hours a day, but have to come in late or leave early so that my "clock" time shows 40hours a week.
Depending on your state, overtime law is usually hours worked past 40 hours per week, not hours worked past 8 hours per day, unless you have a union contract or live in a state where overtime laws dictate overtime past 8 hours per day. But working you through breaks and lunch is breaking the law in probably ever state.
So basically if I work 9 hours Mon, 8 Tues, 9 Wed, 7.5 Thurs, and 6.5hrs Friday it is totally legal since it adds up to forty hours? I mean technically I am getting paid for what I work, but I was always under the impression that anything over 8 hours in ONE day automatically means overtime. I have people in Accounting who are telling me this is illegal though.
Now on the other hand, if I leave early or come late, I can work more hours another day to equal it out to 40 hours a week. Catch 22.
Totally legal. O/T doesn't kick in until you hit 40 hours for the week. They can change your hours to a split shift, a 4/40, whatever they want. Heck they could schedule you like this:
Monday 4:00 am through 9:00 am then 2:00 pm through 5:00 pm (so they don't ahve to give you a lunch break during either shift)
Tuesday 8:00 am through midnight (15 hours plus an hour lunch)
Thursday Noon through 4:00 pm then 7:00 pm through 11:00 pm (again no lunch required)
Friday 2:00 pm through 6:00 pm
Saturday 9:00 am though 2:00 pm (no lunch required)
That would be 40 hours/5 days, no o/t, take it or leave it.
I am told that I have to work mandatory 6 days a week but to avoid getting paid overtime they are cutting my hrs short per day..I am being ask to come in late and leave early..this is in CA. I want to know if this is legal?
I am told that I have to work mandatory 6 days a week but to avoid getting paid overtime they are cutting my hrs short per day..I am being ask to come in late and leave early..this is in CA. I want to know if this is legal?
As long as you're not working over 40 hours a week then they won't owe you overtime.
If they have you working 6 days a week and more than 40 hours a week... then they'd owe you overtime.
Annerk - some states require that OT is paid for anything over 8 hours a day, not over 40 hours a week.
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