WalMart Not Paying for OverTime Albuquerque New Mexico
we work for walmart we work 8 hour shifts, sometimes we our asked to work over our 8 hours usually 30 min to an hour, then the next day we our told to take an hour and a half lunch or a 2 hour lunch depending on how long we stayed the day before.
this avoids any overtime and any overtime pay
we consider this being a ripoff
Is this legal
Losearrow
Albuquerque, New Mexico
U.S.A.
5 Updates & Rebuttals
Amber
Lake City,Florida,
U.S.A.
No, it's legal
#6
Mon, August 24, 2009
It is not overtime unless you exceed 40 hours a week and are hourly. A lot of times 10 minutes here and there can push you too close to overtime, and they've had employees at my store clock out 10 minutes early or so. Maybe it's a little unfair that they do not offer us overtime, but they have had too many lawsuits about this sort of thing! That's why it's not allowed for anybody, ever.
Jomo99
Merced,California,
U.S.A.
State Laws Vary - Consult Your Labor Board
#6Consumer Comment
Mon, August 10, 2009
Given the many class-action suits against WalMart and Sam's Club regarding unfair and illegal labor practices, I would definitely check into this with your state's Labor Board. WalMart seems to LOVE to try and skirt the labor laws to get what they want out of their workforce, regardless of the legality. Sometimes they're BENDING the laws, at other times they out-and-out BREAK the laws.
Again, do your due diligence in this case.
Jomo99
Merced,California,
U.S.A.
State Laws Vary - Consult Your Labor Board
#6Consumer Comment
Mon, August 10, 2009
Given the many class-action suits against WalMart and Sam's Club regarding unfair and illegal labor practices, I would definitely check into this with your state's Labor Board. WalMart seems to LOVE to try and skirt the labor laws to get what they want out of their workforce, regardless of the legality. Sometimes they're BENDING the laws, at other times they out-and-out BREAK the laws.
Again, do your due diligence in this case.
Jomo99
Merced,California,
U.S.A.
State Laws Vary - Consult Your Labor Board
#6Consumer Comment
Mon, August 10, 2009
Given the many class-action suits against WalMart and Sam's Club regarding unfair and illegal labor practices, I would definitely check into this with your state's Labor Board. WalMart seems to LOVE to try and skirt the labor laws to get what they want out of their workforce, regardless of the legality. Sometimes they're BENDING the laws, at other times they out-and-out BREAK the laws.
Again, do your due diligence in this case.
Robert
Irvine,California,
U.S.A.
It appears legal..
#6Consumer Comment
Thu, August 06, 2009
State laws are very different. Without knowing all of the NM Labor laws in taking a look at the laws it APPEARS that Overtime laws in NM are based on the 40 Hours week. So you are only entitled to Overtime if you work more than a TOTAL of 40 hours in your work week.
This of course is based on you being a regular hourly employee, and not on Salary or an "EXEMPT" hourly employee. As those two cases Overtime laws do not apply. Of course if you want to be sure you need to talk to your State's labor board and they can tell you the exact laws.
From the State of NM
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Exemptions from both Minimum Wage and Overtime Pay
Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales persons, and persons in certain computer-related occupations.
An employer of workers engaged in agriculture is exempt from overtime provisions. "Agriculture is exempt from overtime provisions. "Agriculture" is defined in Section 203 of the Fair Labor Standards Act.
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Q. Can an employer require an employee to work more than 8 hours a day and/or more than 40 hours a week?
A. Yes. An employer can require an employee to work overtime but must pay the rate of time-and-a-half the regular rate of the employee's pay for over 40 hours in a seven-day period.