Bummed and stressed

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Re: Bummed and stressed

Postby ali1257 » Thu May 17, 2012 4:52 pm

Plus any hours over 40 should be paid at time and a half. The difference between the total $$$ for straight time less deductions could be what Echo received - just guessing here.

Was thinking about you earlier today too Echo - wondering how it went.
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Re: Bummed and stressed

Postby PeggyinCT » Thu May 17, 2012 5:13 pm

You have to work 40 hours in a week before you can get overtime. That's why they keep shifting her schedule. They don't want to pay OT, but I don't see how they can get away with not paying min wage.
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Re: Bummed and stressed

Postby dpf » Thu May 17, 2012 6:10 pm

Right Peggy, I thought the only persons in food service that didn't get minimum wage were servers because they receive tips. In fact there are some of the very expensive dinner clubs in the country where waitress aren't paid anything and have to rent tables in an establishment and work for tips only. I know my son has been working as a waiter in a seasonal restaurant in the Black Hills, this is his eighth year. Last year his hourly wage was something like $2.20 an hour. But he had over $14,000 in the bank from tips from mid May to mid August and that doesn't include what he used for living expenses. When I talked to him last Friday night they had opened for business at 4:00pm and closed at 9:00 and he had made $90.in tips, which he says isn't great but tourist season really doesn't start until Memorial Day weekend and goes into full swing about the third weekend in June.
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Re: Bummed and stressed

Postby Echo » Thu May 17, 2012 9:55 pm

It was an easy day at work today. For whatever reason the park was slow. I was told that yesterday was . But I am so glad that it was a slow day!!!

Did not get to speak with the lead guy today as it was his day off. I was gonna talk to the #2 lead but one of the other employees that I really like and talk to a lot suggested that I wait until tomorrow and speak with Mel the #1 lead. He thinks Mel will be more helpful and receptive. So I decided to wait until tomorrow. I work tomorrow from 11am to 5pm so depending on the talk, I wont have time to get to HR. That will have to wait until Monday or Tuesday. I don't know my hours for Monday and Tuesday is one of my days off. It's gonna drive me nuts, I hate having anything up in the air just hanging there. ~sigh~

As to pay. Yep min wage is $7.25hr, I'm getting $7.40 an hour. There are the normal taxes and the other stuff taken out plus I have an extra $20 taken out. And I get paid bi-weekly. Got sent home early once or twice because things were slow and then I lost a whole day because I was sent home. So that's why the 56hrs. Haven't noticed anything unusual on my check. Shamed to say it but I don't dissect my check when I get it. Apparently this place figures overtime "after" 80hrs. I have worked at a couple places that counted it weekly so that if you got over 40hrs that week you got time and a half. But not here. So the 56hrs is all paid as straight time. And believe me they watch those hours like hawks!!!

I know that I am gonna be on pins and needles until I talk to Mel tomorrow and see what happens. If I have to wait and go to HR on Monday or Tuesday I will be a basket case.
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Re: Bummed and stressed

Postby avalen » Thu May 17, 2012 10:45 pm

hope it works out well for you tomorrow, most companies don't pay overtime anymore, but I think the federal norm is over 40 in a week
is overtime, they obviously send you home when you get close to 40 for that week. My job gives me 30 a week and I sometimes get a
few extra but the scheduled day is 6 hours and thats what they base sick time and holiday pay on too. Yes, our economy did a number
on us all and that really sucks. Can't gain back what I lost but I can only push forward. I'll say my prayers for you that it all comes out
good for your circumstances. Don't give up, do one day at a time and look forward to every payday even though you know its already
spent and planned out on the budget. Been there done that.
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Re: Bummed and stressed

Postby JudyJB » Fri May 18, 2012 11:02 am

Each state has a government wage and hour division that sets and enforces state laws about things like the minimum wage and when overtime must be paid. (I took a course in HR and a couple of labor relations courses a few years back.) In all states that I know of, overtime must be paid past whatever hours the state determines, except for what are called "exempt" employees, who are typically management level, so this would not apply here.

Somewhere near the HR office, there will be a bulletin board listing the laws that apply in that state. Posting federal and state employment laws is required in almost all places employing more than 25 employees.

However, some less-than-ethical companies try to avoid these laws by setting schedules so that employees never work a full 40 hour workweek. This enables them to avoid paying benefits and overtime. If you took this job, Echo, believing it would be full-time, you have a real complaint they ought to honor.

For the future, it is important for ALL of us to read our employment contracts and make sure it says we will be working "full-time" meaning a full 40 hour work week. You can call your state's wage and hour division for help if you think you are being treated unfairly or don't get paid for hours worked, etc. (I just won a judgment against an ex-employer who said she could not afford to pay me for the last three weeks I worked. It did not cost me anything to file a complaint, nor did I need a lawyer.)

Treating all employees as part-time to avoid benefits and overtime is another reason why I will not shop at certain stores or frequent certain businesses!

I hope your day goes well today.
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Re: Bummed and stressed

Postby oregonrambler1 » Fri May 18, 2012 11:12 am

Echo, sorry for all your stress, I hope everything wrong gets righted soon. One thing I learned in a maintenance class is to always level your rig using the inside of the fridge for your level. We use the bottom of the freezer door jam (not the door but the body of the freezer) for front to back and the sturdy shelf glass shelf in the fridge for side to side. Since the fridge is the most level affected appliance it made sense to make sure it was level above all other locations.
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Re: Bummed and stressed

Postby JudyJB » Fri May 18, 2012 11:27 am

Sorry, but this is bothering me. If you are scheduled for an eight-hour day and plan your day around being available to work during those eight hours, you should no be sent home unless you volunteer to do so.

Sending people home early saved the employer money, but it is not really what you agreed to when you were scheduled to work that day.

The employer is not being considerate of you or other employees at all when he does this.

In addition, it seems unfair that the manager is not assigning tasks to all employees fairly. One employee should not be able to pass off the more difficult tasks all the time to another fellow employee.

OK, I will get off my bandwagon and stop posting here. I just hate unfairness.
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Re: Bummed and stressed

Postby bluepinecones » Fri May 18, 2012 11:29 am

Hang in there Echo. More fingers ad toes being crossed for a quick solution and easy transfer on to another job in the park.
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Re: Bummed and stressed

Postby Echo » Fri May 18, 2012 6:55 pm

Talked to Mel as soon as I punched in and arrived in the kitchen. Explained that I had been planning to go to HR but that I felt I needed to talk to him first. Asked if there was any chance that there were other positions I could do at the restaurant? Told him I just could not handle the dish line every day. And told him how I felt after getting done Saturday, how exhausted and sore I was. Also told him that I didn't mind filling in or helping out but that I just could not do it everyday. And that with all the warnings about how busy it was gonna get when things really kick in had me majorly worried. Told him I would prefer to stay there because I like everyone there. He thought for a minute and said that there shouldn't be any problem. To let him check things out and check the schedule too. Then he said he did not want me to go to HR and get a transfer as I was to good of a worker and that he didn't want to lose me! Might have trouble with my ego after that! :lol: About an hour later he said that there wasn't anything he could do with this week but that he would make sure to change things up next week.

Before I left today he let me know that I will be doing front line at least a couple of days next week. YAY! When I checked the schedule to double check on what time I was suppose to get off today I also checked my days and hours for next week. HOLY CRAP! Except for Monday where I work 1pm to close? The rest of the week I am working mornings!!! I am so happy to be working mornings. :D :D Gonna seem so strange not staying up until midnight and later. :lol: Would be so super nice if I could keep working mornings! ;) Plus I am keeping the same days off of Tuesday and Wednesday.

On another totally different note?? My freaking fridge is now working again...... Have no dang idea why or what happened. It had been turned off and I got one of those 'bugs' up you know where and turned the stupid thing on. It's been running since. Kelly wondered if maybe there might have been something in the line for the fridge??? If there was something in the line it was definitely pass the stove as that worked fine, it was just the fridge that wouldn't work. I think when I get paid the 25th I am gonna make sure I get propane first thing! That way if it runs out and Kelly is the only one home she can simply run out and turn the tanks around.
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Re: Bummed and stressed

Postby avalen » Fri May 18, 2012 7:26 pm

thats great news
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Re: Bummed and stressed

Postby dayspring39 » Fri May 18, 2012 7:49 pm

Wow that is good news Echo... on both sides... hope this is a good change for you...
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Re: Bummed and stressed

Postby Bethers » Fri May 18, 2012 8:35 pm

Can't you run the fridge on electric? Or do you figure it costs less to do it on propane? Just askin'?

Glad to hear it looks like he's going to take care of you there. But, I agree with others - overtime is figured on each week, legally - so if you put in over 40 hours in the one week, you should get OT for those other hours. If that's over 2 weeks, another story.
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Re: Bummed and stressed

Postby mitch5252 » Fri May 18, 2012 8:59 pm

http://www.dol.gov/whd/overtime_pay.htm

Federal law supersedes state law unless the state is more "generous".
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Re: Bummed and stressed

Postby bluepinecones » Fri May 18, 2012 9:46 pm

Glad things are looking up for you.
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