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Variable Wage Overtime


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#1 vikinflorida

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Posted 24 October 2012 - 01:24 PM

I have worked for the same company for two years and have moved up from cashier to shift manager (only perform cashier duties as needed). They have a very difficult pay structure when it comes to overtime and I truly feel I am getting shorted. Would appreciate any help.

They have three different rates of pay:

cashier - $10.50 an hour
Shift manager - extra $3.50 an hour in addition to cashier pay (we have separate timecards)
Sunday work - extra $1 an hour

My most recent paycheck in question (we get paid biweekly) is as follows (please note that I DID NOT perform any cashier duties during this pay period):

Regular hours: $10.50 78.60 hours 825.30
Overtime $17.5757 9.90 hours 174.00
Shift Manager $3.50 88.50 hours 309.75
Sunday $1.00 14.40 hours 14.40

I feel that I should have been paid $21 and hour overtime -- $10.50 for standard cashier pay and they additional $3.50 an hour while performing shift manager duties (which emcompassed the entire hours for this pay period) and not paid $17.5757. They say the pay rate is completely legal as they use the weighted method. I did not work as a cashier at all so how can they weight my overtime pay. Would really appreciate your help in this matter. It may only be $40 this paycheck but this will happen again and I would like some clarification for myself to better understand. Thank you.

#2 Guest_FindLaw_Amir_*

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Posted 24 October 2012 - 01:27 PM

What state is this concerning? You may wish to visit the Employment Law Center and read Wage and Hour Laws as good resource to get a better understanding on this subject matter.

#3 NYCEmploymentAttorney

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Posted 24 October 2012 - 01:32 PM

I would sit down with an experienced wage and hour attorney immediately, it appears that you may have a viable claim. How long has this been going on?

www.QueensEmploymentAttorney.com

#4 vikinflorida

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Posted 24 October 2012 - 01:39 PM

I work in Florida. This has been going on since my promotion when I have the two different wages. It just doesn't make sense to me and my overtime rate is always different -- even when I only work as a shift manager. Thanks.

#5 Guest_FindLaw_Amir_*

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Posted 24 October 2012 - 01:42 PM

I agree with the previous poster, you may want to consult with a local Florida Employment Lawyer to advise further on this matter.

#6 Fallen

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Posted 24 October 2012 - 01:55 PM

I'd be talking with the nearest federal DOL wage-hour division office vs. an attorney (unless federal DOL chooses not to pursue).

I'd worry about what YOUR rate of pay is vs. usual ROP for other positions. If they parse out "regular" $10.50 an hour and then do a separate calculation for $3.50 extra based on "shift manager" status, ok. Please note that they don't have to pay you different rates at all -- they can say all you shift managers just get $10.50/hour, period if they like and no more than a cashier. They can set one hourly rate for you and base the OT off that. In other words, for you to decide whether you want to pursue this.

It is also unclear whether they have you on the books as working two distinctly different jobs vs. you just doing Y extra/different duties of other folks' jobs (whether you spend a lot of time on those duties or little). IF you work two distinctly different positions, they're free to use a blended rate of the two hourly rates (maybe that's what they mean by "weighted").

You're free to point out discrepancies when they happen about not having done cashier duties in a given period.

You can visit the dol.gov site and read up about the FLSA, or google blended overtime rate for two positions.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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