I work in the service industry and I recently discovered that my coworkers, and I have not been getting our legally due overtime pay. I was honestly only made aware of the issue because one of my newer coworkers raised the issue of not getting paid overtime rates for work. This was some months ago, but I think the buried it in my mind because at the time, I genuinely did read the law wrong I’m pretty sure (I’m sure it’s intentionally made confusing as well).
I think all this was reignited in my mind because I recently asked my other coworker if we get overtime rates for Black Friday, and I ended up looking into the details. I’m not 100%, but all the other workers I asked at my job said that they either don’t get it/ that they’re supposed to get it/ how their employer did some little shifty accounting trick to finesse them out of overtime rates.
I’m consulting a knowledgeable comrade about the laws, but there’s legit no reason as to why would be exempt from being owed our legally due overtime rates. If I filed a wage complaint, I’d most definitely get fired, and who knows how else my boss might retaliate. He does know about my drug usage, and I’m sure he would use whatever information against me that he could. Maybe it’s a bit of a harsh assessment to make, but capitalists will do whatever to protect their bottom line.
If you file a wage complaint and get fired you can sue them. Theoretically. I know there’s a lot of issues here with lawyers but it’s worth looking into. Oftentimes a valid complaint turns into you becoming untouchable so long as you don’t do anything awful.
If they promised you certain wages, they have to pay them.
If you work past 40 hours per week, every hour past the 40 hour mark is paid at 1.5x your base pay.
Overtime and holiday pay don’t stack.
The 40 hour mark starts at the end of the week. If you work M-F 9-5 and work 9-7 on Monday it would mean you’d be working overtime Friday, not Monday.
Just because they cut hours on week 2 of a pay period doesn’t mean they don’t owe OT pay for week 1. Each week is distinct and separate.
I am not a lawyer this is just my experience and understanding working in the USA.
I’ve started to become a lot more cautious about certain things I do at work now. I don’t talk about private matters with my bosses anymore, I’m very sparse about my life, I try to be attentive on camera (I am off as well when I’m in a hidden corner at work, after all, I love working 🤓). Hmm, interesting…I’ve heard different things from my coworkers, but it could be that different states, different labor laws.
Just standard 1.5, I presume?
Wow, this is a lot more complicated than I initially took it. I can’t help but feel like it was intentionally made that way. I need to get to the bottom of this.
Those rules vary a bunch state to state as far as I’m aware.
Possibly but I think most of them are federal, which is why I didn’t include anything about breaks as there’s no federal law guaranteeing them afaik.
Again, not a lawyer and my post is limited to my experience in the PNW.