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Post by Mike Bockwinkel on Oct 24, 2009 17:06:07 GMT -5
So as I've said before, I work at a gas station, twelve hours a day, 10 pm- 10am. Well, THAT is what I'm scheduled to work, but I never get out at ten, for two reasons, a) it takes an average of ten minutes to do the shift reports, and 2) if the managers/owners are coming to take over, that don't show up until 10:30-11, or even later, and while I can deal with working that long, here's the catch, I've noticed that they'll just write 10:00 over whatever time I clocked out and say I only worked 12 hours. Surely that can't be legal right?
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Post by Hulkamaniac on Oct 24, 2009 17:12:24 GMT -5
Depends on whether you get a lunch that's paid or unpaid.
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Post by ygb on Oct 24, 2009 17:14:36 GMT -5
If you don't go out till 12 then if they do or don't pay for lunch they have to put on the time you worked till. To me that doesn't look legal it like they are stealing money from you
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Post by Y3RP: LA MARAVILLA!!! on Oct 24, 2009 17:19:24 GMT -5
dont this count as over time pay!? i mean like i do overtime alot at my sis shop and get paid for it.......& i know u must be doing the same until someone takes over your shift!
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TommyHyland46
Main Eventer
Joined on: Apr 19, 2006 13:43:37 GMT -5
Posts: 2,139
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Post by TommyHyland46 on Oct 24, 2009 17:56:34 GMT -5
why would a company have to pay you for the time you work? jeeze....
oh, and if ur scheduled til 10, only get paid til 10, leave at 10
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Post by ygb on Oct 24, 2009 18:05:31 GMT -5
dont this count as over time pay!? i mean like i do overtime alot at my sis shop and get paid for it.......& i know u must be doing the same until someone takes over your shift! That's called overtime. You get paid time and a half for working over 40hrs well in my state that's how it is. |
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Post by spawnsyxx9 on Oct 24, 2009 18:06:20 GMT -5
why would a company have to pay you for the time you work? jeeze.... oh, and if ur scheduled til 10, only get paid til 10, leave at 10 You can't leave at 10 when the place closes without doing end of day stuff. If that takes you a certain amount of time, try to start doing some things early so that you can be out of their ASAP. Also if you get an unpaid lunch, then technically the 30 mins you go over by for doing the end of day stuff gets added on to the only 11:30 mins you worked thus 12 hours as was explained to you earlier. If you feel you aren't being treated fairly, do consider calling the offices' of your employer or human resources. |
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Post by Mike Bockwinkel on Oct 24, 2009 19:28:11 GMT -5
Let me see if I can explain it better: I work 10 pm one night to 10 am the next morning, the shift reports/closing of the register takes an average of 15 minutes, so for that lone, i'm not leaving at ten, which is okay if I were getting paid for it, add in the owners/managers not coming in to take over for 30 minutes- an hour later, then I'm definetly not leaving at ten.
Whatever time I end clocking out at, they just write 10:00 over it, and call it 12 hours.
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Post by Patrick Bateman (original) on Oct 24, 2009 19:35:55 GMT -5
That's illegal. You have to get paid the hours you are their. If you leave at 10:15 you have to get paid until 10:15.
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Post by Hulkamaniac on Oct 24, 2009 19:52:57 GMT -5
Let me see if I can explain it better: I work 10 pm one night to 10 am the next morning, the shift reports/closing of the register takes an average of 15 minutes, so for that lone, i'm not leaving at ten, which is okay if I were getting paid for it, add in the owners/managers not coming in to take over for 30 minutes- an hour later, then I'm definetly not leaving at ten. Whatever time I end clocking out at, they just write 10:00 over it, and call it 12 hours. You haven't answered the question of whether you get paid for your lunch and how long it is. |
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Post by Mike Bockwinkel on Oct 24, 2009 19:59:59 GMT -5
Let me see if I can explain it better: I work 10 pm one night to 10 am the next morning, the shift reports/closing of the register takes an average of 15 minutes, so for that lone, i'm not leaving at ten, which is okay if I were getting paid for it, add in the owners/managers not coming in to take over for 30 minutes- an hour later, then I'm definetly not leaving at ten. Whatever time I end clocking out at, they just write 10:00 over it, and call it 12 hours. You haven't answered the question of whether you get paid for your lunch and how long it is. Sorry, no lunch, I just work straight through the shift, there's no clocking out until I leave. |
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Post by Hulkamaniac on Oct 24, 2009 20:10:28 GMT -5
You haven't answered the question of whether you get paid for your lunch and how long it is. Sorry, no lunch, I just work straight through the shift, there's no clocking out until I leave. Legally, they're required to give you a lunch. |
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Post by Mike Bockwinkel on Oct 24, 2009 20:22:07 GMT -5
Sorry, no lunch, I just work straight through the shift, there's no clocking out until I leave. Legally, they're required to give you a lunch. Well, don't get that either. |
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Post by Hulkamaniac on Oct 24, 2009 21:02:31 GMT -5
Legally, they're required to give you a lunch. Well, don't get that either. Consult the state labor board. Be prepared to be unemployed if/when they find out you reported them. You may have to take them to small claims for the back wages, but you'll need proof you were there. Old time cards will likely work. There are civil charges here for sure and possibly criminal as well. Again, prepare to be unemployed if you sue them. Consult the state labor board and maybe even the Better Business Bureau. I'm only a lawyer on WFIGs so this is the best advice I can give you. |
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Post by Hurricane on Oct 24, 2009 21:07:52 GMT -5
I wouldn't bother with 15 minutes, but if they are showing up at 10:30-11:00, I'd try to get the extra hours pay... they can't legally do that.
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Post by legionofsemidoom on Oct 24, 2009 21:25:42 GMT -5
It depends on if you get paid on the books or off the books. I learned that when i was getting paid off the books at a bar
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Post by TurboEddie on Oct 24, 2009 21:44:03 GMT -5
No pay, no lunch, you're really getting screwed over.
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Post by 3Lephant (Naptown Icon) on Oct 24, 2009 22:29:44 GMT -5
An old trick I used to do at the movie theater.. I left when my shift was over whether someone was there to cover me or not. If anyone got pissy I said I would report them for the times that I worked over and without a break for free.
But also.. you're using proper English and grammar so my advice to you is this job is probably below you. I would consider something else...just my thoughts.
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Post by BulletV1 on Oct 25, 2009 10:07:14 GMT -5
Sorry, no lunch, I just work straight through the shift, there's no clocking out until I leave. Legally, they're required to give you a lunch. If you're over 18, then they don't have to give you poop in Indiana as far as breaks go. However they have to pay you for every second you work. I'd go after them for back pay. |
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Post by Yeezy's Mullet: Team X Blades on Oct 25, 2009 10:18:21 GMT -5
It depends on if you get paid on the books or off the books. I learned that when i was getting paid off the books at a bar This right here. I'm not sure that there's anything you can do legally to them if they're paying you off the books (aka under the table) as they'd just be giving you a cut of what they make and not really paying you for your labors. |
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