Log in

View Full Version : Is this legal?


starfish23
Dec 15, 2012, 05:31 AM
I'm 20 years old and I work at a {employer name removed} in Maryland. I've heard from several people that what I'm about to say is illegal and I'm hoping someone here knows more about the law than I do. I came here because I don't know where else to go to look up on laws in MD.

First off, I work seven days a week. All of the employees do. My first day off since I've started, will be Christmas and that's only because we are closed. A miracle considering we've never closed on the holidays. Also, speaking of holidays, we don't get paid more than regular time for working on holidays. Not time and a half like most places do. Next, I work over 40 hours a week. I'm pretty sure that's considered full time, but I'm not getting full time pay, or full time benefits. I only work for minimum wage. I am often asked to stay late or come in early but when I got my last check, I noticed they didn't pay me for all those extra hours and I was told I was supposed to get paid over time for it.

Again, I didn't know where else to go with this so opinions, links, anything is welcome.

Thank you

Fr_Chuck
Dec 15, 2012, 05:49 AM
There is no law on "full time pay" min wage is full time pay at most low paying jobs.

If your company has a policy that pays full time people more, then you should report this to HR.

Also how long have you worked there ? Many companies do not offer benefits to people who have not been there 90 days.

Also do they offer benefits

When you fill in your time sheets or clock in and out, are the hours you work all reported. They don't just keep track of your time, you should have a signed time sheet of some sort.

Sounds like they are violation of several issues,

My first call would be the DD human resourse office

ScottGem
Dec 15, 2012, 08:05 AM
It is not illegal to not pay time and a half for holidays. In your industry (fast food) it is not unusual for their to be no holidays or holiday pay.

It is illegal to require you to work 7 days a week (notice the word require). It is illegal to not pay you for time you are on the clock.

As Chuck said there is no such thing as "full time" pay. However, if you work more than 40 hours in a week you are entitled to overtime pay. As for being full time instead of part time, that depends on your REGULAR work schedule. If your schedule is variable then you may still be considered part time and not eligible for benefits. Companies do use this to get out of paying bebefits, but it may not be illegal.

So the issues you have are no days off in a week and not being paid for the time you are clocked in. You can file a complain about this with the Maryland Dept of Labor.

excon
Dec 28, 2012, 07:30 AM
Hello s:

I agree that you need help... The problem with seeking it from HR, OR the state, is that your name will be revealed and you'll be fired.

I'd go to a labor attorney. A complaint can be filed against them, and they'll NEVER know it was you. Don't worry about money.. IF there's a case, and it sounds like there is, he'll represent ALL the workers.

At least, I'd HOPE it works out that way.

excon