My turn for a, "Was I right" thread!

[Shoggoth2588]

I've been at my current work-place for nearly two months. I was originally hired as a part time employee (which, at this place, is a maximum 32 hour work week). I was stoked at first when my schedule came in at 40 hours. Not just once too, every week I would work 40 hours which I thought was great at first since that would mean I'd be getting a fair amount of overtime hours.

So, continuing to watch my time-card, I notice that I am getting virtually no overtime. 'Alright' I think to myself, 'I must be a full-time employee after all.' I ask my manager about my schedule and he assures me that I am part time but I'm getting 'extra hours' because I'm new and need to get as much experience as possible. He walks off before I can bring up the overtime. This goes on for a few more weeks and during this time my frustration with the job in general increases for various reasons.

I ask about my schedule again and am assured I'm a part time employee...with 40 hour work weeks. So I request a change to my schedule. It takes about a week and a second request for my schedule to actually be changed. During the process though, for whatever reason, my manager calls over another employee for reasons I couldn't figure out. This other employee says something to the effect of, "I've never heard of someone complaining about getting paid."

I haven't quit that job yet out of fear of being jobless for Gods know how long though every day I feel like just walking out and not returning. I've sent out job applications and am waiting for a call back.

Anyway, am I making too big a deal about my work hours? It pissed me off what the one guy said but it isn't that I'm complaining about getting paid, I'm complaining because I'm not getting what I was promised and doing something I dislike more and more each day. My last job had me working between 25 and 30 hours a week but I loved working Blockbuster >.<

Once I quit my current job I'll tell where it is/was that I was working.

 

[The Amazing Tea Alligator]

In a magical unicorn utopia, you're right. Unfortunatly they seem to hold all the cards so if you want you're job you'll have to deal. Still, you are right.

 

[CitySquirrel]

Are you working over 40 hours a week?

 

[Marmooset]

I heard once that the definition of middle management is people who are hired to exploit the average worker to maximum effect, while focusing hate onto themselves and away from ownership.


Sounds like your manager's doing his job.

 

[Shoggoth2588]

Are you working over 40 hours a week?

I'm averaging about 40, give or take an hour or so.

I heard once that the definition of middle management is people who are hired to exploit the average worker to maximum effect, while focusing hate onto themselves and away from ownership.

Sounds like your manager's doing his job.

HA XD I agree

 

[PurpleSkull]

You work as a male prostitute and your Pimp screws you over.
(Hey don't look at me, if i didn't say it, someone else would have!)

And no, your not making a big deal over it. You just signed in with the wrong people. You DO have the right to complain about it. In theory at last. In real life, you are the ***** of your superiors. That goes for every job. You can either quit, or cope with it.

They probably have 4-5 "Part time employees" per year. All signing up, all getting pissed at some point, all fired, next hired... tons of Businesses do that kind of shit. BTW what country do you live in?

 

[StBishop]

Not sure what kind of workplace relations you have in your country but in Australia, threatening to call (or actially calling) the Workplace Ombudsman/Workers Unions will usually lead to a bit of apologising and a quick change in the tune of dodgey management.

 

[Shoggoth2588]

You work as a male prostitute and your Pimp screws you over.
(Hey don't look at me, if i didn't say it, someone else would have!)

And no, your not making a big deal over it. You just signed in with the wrong people. You DO have the right to complain about it. In theory at last. In real life, you are the ***** of your superiors. That goes for every job. You can either quit, or cope with it.

They probably have 4-5 "Part time employees" per year. All signing up, all getting pissed at some point, all fired, next hired... tons of Businesses do that kind of shit. BTW what country do you live in?

I am American and, that makes sense to me. Seems like a decent way to go for years without giving out actual promotions and whatnot...

 

[Baron_BJ]

Technically what they're doing is illegal. You should be getting overtime. They're abusing the condition the job market is most likely in your country (some countries didn't crash, like mine). You could contact the office of fair trade, often times, especially situations like this, they will sue on your behalf. You could tear them a new one and as much as I'm against "suing" and the "abuse of the legal system", in this case it's the right thing to do. Just watch your ass after the case is filed, OR you threaten him with legislation; they can't fire you over something like this, but they will be looking for excuses.

 

[Slavik_91]

Not sure what kind of workplace relations you have in your country but in Australia, threatening to call (or actially calling) the Workplace Ombudsman/Workers Unions will usually lead to a bit of apologising and a quick change in the tune of dodgey management.

yah I was gonna suggest that, don't let your boss stomp on you

 

[SmartIdiot]

I heard once that the definition of middle management is people who are hired to exploit the average worker to maximum effect, while focusing hate onto themselves and away from ownership.


Sounds like your manager's doing his job.

It's true, that's what it's like where I work. Apparently some managers take the whole 'good leaders give their team a common enemy so they'll work together better' a bit too seriously.

 

[PurpleSkull]

You work as a male prostitute and your Pimp screws you over.
(Hey don't look at me, if i didn't say it, someone else would have!)

And no, your not making a big deal over it. You just signed in with the wrong people. You DO have the right to complain about it. In theory at last. In real life, you are the ***** of your superiors. That goes for every job. You can either quit, or cope with it.

They probably have 4-5 "Part time employees" per year. All signing up, all getting pissed at some point, all fired, next hired... tons of Businesses do that kind of shit. BTW what country do you live in?

I am American and, that makes sense to me. Seems like a decent way to go for years without giving out actual promotions and whatnot...

Too bad. I know what to tell you if you were German. Just work a few more Months, then DEMAND your overtime Payment (all at once). If they won't give you any, sue them. Bigger companies are forced to have a labor union in germany, which would help you getting your payment. Really small ones (below 5 employees) would just pay you instead of getting sued.

You're not working at Gamestop by any chance, do you? That part time stuff sounds exactly like them.

 

[PurpleSkull]

Almost forgot:

Like stated earlier by someone, they can't fire you just because you sue them / threaten to sue them. But they will look for excuses like accusing you of stealing and stuff (someone got fired here because he charged his handy in his office. It did cost the Company about 0,014 Euro-cent, so they fired him. When that guy went to court, he lost the case because the company was "technically" right.)

Really, just try to quit your job asap.

 

[Shoggoth2588]

-words-

No, not gamestop. I would rather work at a smaller place like that. There is a human resource thing I'm going to call. As for unions, my workplace is very against them anyway. There was even a video about how they are bad that I had to watch during my 'training'.

 

[-Samurai-]

I'm not so sure about this.

According to the Fair Labor Standards Act(FLSA):

Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness.

Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.

Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421.

The first paragraph is what you're looking for.

 

[Celtic_Kerr]

Are you working over 40 hours a week?

I'm averaging about 40, give or take an hour or so.

I heard once that the definition of middle management is people who are hired to exploit the average worker to maximum effect, while focusing hate onto themselves and away from ownership.

Sounds like your manager's doing his job.

HA XD I agree

Overtime is not working more than your sceduled amount of hours, Working over time is when you subit more than 1 FULL time working shift (40 hours a week)

And as you said that your schedule was coming in and saying you were to work 40 hours a week, then you still wouldn't get overtime for working 40 hours a week, despite getting hired at part time (32 hours)

 

[Shoggoth2588]

Are you working over 40 hours a week?

I'm averaging about 40, give or take an hour or so.

I heard once that the definition of middle management is people who are hired to exploit the average worker to maximum effect, while focusing hate onto themselves and away from ownership.

Sounds like your manager's doing his job.

HA XD I agree

Overtime is not working more than your sceduled amount of hours, Working over time is when you subit more than 1 FULL time working shift (40 hours a week)

And as you said that your schedule was coming in and saying you were to work 40 hours a week, then you still wouldn't get overtime for working 40 hours a week, despite getting hired at part time (32 hours)

Just thought of that. Although I think it's crap that even though they consider 32 hours or less to be their part time rate, they don't have to comply with the overtime laws until an employee gets past that 40 hour mark

 

[CitySquirrel]

Celetic Kerr is correct. However, if they hire you as part time, thus avoiding certain benefits etc. that they must give full time employees, and then have you consistently work full time, they are breaking the law. But, do you have more to lose than gain by complaining? That is the key question.

 

[Celtic_Kerr]

I've been at my current work-place for nearly two months. I was originally hired as a part time employee (which, at this place, is a maximum 32 hour work week). I was stoked at first when my schedule came in at 40 hours. Not just once too, every week I would work 40 hours which I thought was great at first since that would mean I'd be getting a fair amount of overtime hours.

So, continuing to watch my time-card, I notice that I am getting virtually no overtime. 'Alright' I think to myself, 'I must be a full-time employee after all.' I ask my manager about my schedule and he assures me that I am part time but I'm getting 'extra hours' because I'm new and need to get as much experience as possible. He walks off before I can bring up the overtime. This goes on for a few more weeks and during this time my frustration with the job in general increases for various reasons.

I ask about my schedule again and am assured I'm a part time employee...with 40 hour work weeks. So I request a change to my schedule. It takes about a week and a second request for my schedule to actually be changed. During the process though, for whatever reason, my manager calls over another employee for reasons I couldn't figure out. This other employee says something to the effect of, "I've never heard of someone complaining about getting paid."

I haven't quit that job yet out of fear of being jobless for Gods know how long though every day I feel like just walking out and not returning. I've sent out job applications and am waiting for a call back.

Anyway, am I making too big a deal about my work hours? It pissed me off what the one guy said but it isn't that I'm complaining about getting paid, I'm complaining because I'm not getting what I was promised and doing something I dislike more and more each day. My last job had me working between 25 and 30 hours a week but I loved working Blockbuster >.<

Once I quit my current job I'll tell where it is/was that I was working.

Alright, I gave you mny brief into a bit up, here's the full scoop.

1. If you are sceduled as part time, then the company gains benefits and certain breaks in taxes and such. he could declared you a student and get even fuirther tax breaks. He's gotten some cash out of you.

2. Your boss should not have called another employee over. It is ILLEGAL to discuss the salary or hours of one empliyee with any other employee of the building. Go higher than your boss, explain this to him. I almost got fired once because someone asked if they could ask what my raise was (I referred them to the company, and they were a close friend) sso I told them.

3. Yes, you are getting paid, but working 8 hours more than you should.

4. As I mentioned, Overtime only works for those that work more hours then FULL TIME. so you'd need to work 41 hours a week to get 1 hour overtime, despite what ANY schedule says. Sucks, I know. Having a 32 hours schedule and working 40 hours will not net you overtime

Edit, it's not a matter of complying with the over time laws, the definition of overtime is extra shours put in past the sceduled time of a FULL TIME worker. The government defined this. The law doesn't say working past your sceduled hours, it's marked as working past 40 hours a week, it's not the company being an asshat in this case

 

[Erana]

Technically what they're doing is illegal. You should be getting overtime. They're abusing the condition the job market is most likely in your country (some countries didn't crash, like mine). You could contact the office of fair trade, often times, especially situations like this, they will sue on your behalf. You could tear them a new one and as much as I'm against "suing" and the "abuse of the legal system", in this case it's the right thing to do. Just watch your ass after the case is filed, OR you threaten him with legislation; they can't fire you over something like this, but they will be looking for excuses.

Oooh, you're not American? Mind sharing where you are and how your country perceives America's financial situation? I like new perspectives.

And yeah, I do remember reading about this kinda situation in my management class. Its really annoying to have to bite the bullet, but if you really need this job, you may just have to martyr your pride. Still, if you want to get some help from the government, you likely have grounds to do so. It is bad business practice, but I suggest you build your case in an articulate manner and make certain that if they try to run you off, the correlation between your challenging the management and their sudden turn on you is blatant. Perhaps ask around and talk to prior employees? Someone else in the thread pointed out a disturbingly common position where businesses hire part-time help, abuse the employer/employee situation, and get them to leave when there's trouble.