Is this really legal?

$@!!Y

if you work more than 8 hours in a day that is overtime.

What they are doing is against the law

Lou lou

I have no idea, talk to some one in a union, Citizen advice.

freesample1

I believe over time is paid on a daily basis not weekly. If you work more than 8 hours in a day then you are entitled to over time for that day. I don't know what state you live in but I would check with your local labor board. Wal-Mart likes to use it's people to benefit them and that is ok. However it is not ok to misuse them. They have been sued before and have lost. I am not saying that is the direction you should take but you need to know your rights. Not just for now but for your future careere.

fox

this is vary stupid but they should pay you for your overtime hours!!!

nootoorioous

doesnt sound legal to me,
but if you went home instead of working you still got the money for the overtime, but i dont think thye can force u to go home to avoid paying u over the 40H

call the union if u have one

MoniK32

Wrong!

This is only legal if you have both agreed in writing to get time off for overtime...and you should still get higher pay in the form of extra time off. Call as many legal firms as you can and explain them your case until you find someone willing to represent you and get their money from they law suit gains. They are a horrible company!

Agreements for Paid Time Off Instead of Overtime Pay:

An employee and an employer can agree in writing that the employee will receive paid time off work instead of overtime pay. This is sometimes called "banked" time or "time off in lieu."

If an employee has agreed to bank overtime hours, he or she must be given 1Â½ hours of paid time off work for each hour of overtime worked.

Paid time off must be taken within three months of the week in which the overtime was earned or, if the employee agrees in writing, it can be taken within 12 months.

If an employee's job ends before he or she has taken the paid time off, the employee must receive overtime pay. This must be paid no later than seven days after the date the employment ended or on what would have been the employee's next pay day.

DeeJayB

Legal. Overtime is either by the day or by the pay period. You need to consult your employee manual to see what they deem overtime, but I'm sure it's perfectly legal.

Kevin

its legal

they are not required to provide over time. if you are supposed to work 35 hours a week, thats all they are going to have you work

plus its walmart. even if they were in the wrong, what are you gonna do about it? the second you complain you will lose your job

Molokini

Yes, it is 100% legal. It's crappy, but legal.

â˜¼ImmaStarâ˜¼

unfortunately.. yes... My bf job just did this... and I called BBB... yes it is legal for them to do that.

PureLuck

It depends. If they are having you take 4 hours off during that same work week, then yes it is legal. If they tell you to take 4 hours off the next work week to even out your hours, then it is illegal for them to not pay you time and a half for those 4 hours. This is under Federal Wage & Hour Laws (Fair Labor Standards Act). Wal-Mart has already go into some serious trouble for something like this already.

Kissy Crissy

I don't know but I know somebody who works at Wal-Mart and she went overtime by 4 minutes and they said that she had to leave 4 mins. early.

lemmegethistraight

it's underhanded no matter if it's legal... if you feel misused, go to another place

Judy

Yes it's legal. The employer can schedule you however they want to.

Ronald M

yeah thats legal
what would have been illegal is to make you work overtime and not pay you for it its a finacial responsibility thing for walmart to have the right to regulate your hours

i am curious to hear how you were treated and what you saw

givens_79

It is legal in Colorado. Several of my previous employers would use that to help keep overtime down

Dan

It's legal. I've had to deal with that as well. Businesses choose whether they offer you overtime or not. It depends on if they need you to work overtime or if they can afford to pay you overtime. With the economy the way it is, you can't expect to be getting much.

SmartA$$

The law says the company must establish a set 7 day work week. It doesn't have to be a calendar week like Sunday through Saturday, they could make it Wednesday through tuesday if they wanted. As long as they say which day is the beginning and end of the 7 day work week.

Once that week is established, then you MUST be paid overtime (1.5x normal pay) for any hours over 40 within that work week. This is per week, not per pay period.

For example, if the pay period is two weeks long, (thus, normal full time is 80 hours per paycheck), and you work 45 hours the first week, and 35 hours the 2nd week, they owe you for 75 hours of straight time, and 5 hours of overtime. Its illegal for them to combine the work weeks for purposes of computing overtime, even though they're allowed to combine the weeks for purposes of actually processing payroll and issuing your paycheck.

Its perfectly legal for them to come in near the end of the established work week, and tell you to take a shift off in order to keep your hours under 40 for the week. However, if you've already worked more than 40 hours in week 1, and they cut your hours for week 2 to keep you under 80 hours for a 2 week period, they can't legally avoid paying you the overtime hours from week 1.

Wal-Mart is known for this kind of thing and they've been sued many times over these types of shady practices.

Chrys

it's legal...and a LOT of employers do the same thing.

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