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    solidzane's Avatar
    solidzane Posts: 111, Reputation: 8
    Junior Member
     
    #1

    Jul 20, 2013, 02:57 AM
    Does Walmart owe us overtime pay?
    I work at a Walmart in California. On December 24th, 2012 there was an attempted robbery at my store at about 6:30 AM... A single man went in the store with a rifle and was trying to get a manager...

    NOBODY was hurt in the incident...

    Once the associates realized what was happening, we evacuated the store. Obviously the police were involved and it ended up that the associates on my shift stayed at work for over 2 hours past the end of our shift... We work 10 PM to 7 AM.

    We were stuck at work, on the clock until between 9-9:30 AM... We weren't allowed back into the store to work or to clock out and go home... We were literally standing at the front of the store while the police investigated.

    In the weeks that followed, we never received the overtime pay reflecting that 2 hours, and there was no "Meal-Premium" pay...
    At Walmart in CA, we are required to take a lunch every 5 hours. Otherwise WM is required to pay us for a lunch...

    All of us had a lunch at either 1:30-2:30 AM or from 2:30=3:30 AM... So every associate had what WM calls a "Meal Violation" at either 7:30 or 8:30 AM...

    Several associates have tried asking management and Human Resources, and I think a few even called Corporate... But nothing has been done about it...

    So, I guess the real question is; Are we owed that pay, and should we get an attorney?
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
    Ultra Member
     
    #2

    Jul 20, 2013, 03:32 AM
    Try your state labor division first. But, as you probably know, they may fire you because of your complaint or create another reason to do so. I don't think there is any doubt that they owe you for the time based on the circumstances you have described. Just a matter of deciding if it is worth the fight or possible consequences and we all have to make that decision frequently regarding many issues.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #3

    Jul 20, 2013, 03:49 AM
    State Dept of Labor is a good start, I agree.
    There's safety in numbers, so be sure you do everything together.
    I would call a local news station. They love stories like this.
    A reasonable employer would have told you all to come in to work that night 2 1/2 hours later.
    The police couldn't force you to stay, you know, just because you were witnesses.
    Standing outside for 3 hours? I would have given my contact info and refused.
    solidzane's Avatar
    solidzane Posts: 111, Reputation: 8
    Junior Member
     
    #4

    Jul 20, 2013, 03:57 AM
    Well... Once the police cleared the store, they moved us from outside to inside the vestibule and closed the doors. Whether they could or couldn't "make us stay," at the very least management did... We were basically escorted to the backroom to clock out and get stuff from lockers after the ordeal... and escorted from there to our southern entrance/exit... They also warned all of us not to talk to reporters who were waiting outside... They even told us to delete any cell phone pictures/videos we might have taken...
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #5

    Jul 20, 2013, 04:04 AM
    So you have time on timecards that you haven't been paid for?
    I'd definitely follow up on the legal aspects.
    Hang the demands that you not talk to the press.
    If they fire you, make sure they fire all of you, and go to the press again.
    Typical Walmart.
    Where I live in CT, night crews have to boil in summer and freeze in winter.
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
    Uber Member
     
    #6

    Jul 20, 2013, 04:12 AM
    You get paid for all hours on the clock but many places, at least my state only get over time pay once their week hits 49 hrs or they were called in on day off. Wal-Mart often has class action lawsuits by employees due to the way they pay, you could check into that.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jul 20, 2013, 04:47 AM
    As Nohelp stated, You only get overtime pay over 40 hours in a week. But you have to get paid for the time you were on the clock.

    Its not clear whether you got paid for the time on the clock or whether you are just looking for time and a half for the extra 2 hours. If you are looking for time and a half, forget it since OT pay rates go by the week, not the day.

    I'm reasonably sure that WalMart uses payroll software that calculates your pay based on clock times. So unless the clock times were adjusted then you have received what you are entitled to and I would not take this further.
    solidzane's Avatar
    solidzane Posts: 111, Reputation: 8
    Junior Member
     
    #8

    Jul 20, 2013, 04:58 AM
    At my store, at the very least, we get paid overtime for anything over 8 hours of work each day. Even the "part timers" get paid like this. I started as part time in 2011. It was an 8 hour shift 4 days a week. I did receive overtime pay a few times while being a part time associate. And as a part timer I never did work past the 40 hour mark.

    At the time of the event, I was already a full time worker (40 hours) 8hrs/5days

    I am just looking for Walmart to pay us what is due to us. Even if they gave me my base pay for the 2 hours we were stuck there, I would be happy. It's just that my paystub says I worked a total of 40 hours that week and not more. Contract or no, Walmart entered into an agreement with it's employees to pay them $X per hour of work. According to the time clock, we were all working, but didn't get paid for it...
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
    Uber Member
     
    #9

    Jul 20, 2013, 05:03 AM
    Over 8 hr per day overtime being their policy and you on the clock yes you need to get alll the employees that worked those hrs together and fight for your rightful pay
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Jul 20, 2013, 05:04 AM
    If Walmart pays you at an overtime rate for anything over 8 hours in a day, then that should be listed in your contract or employee manual. It is not a matter of public law so it has to be a stated policy for either Walmart or just that store (and I doubt if each store sets their own policy in that).

    If your paycheck does not reflect the hours on the clock, then your first recourse is to talk to HR. Show them your paystub and your time clock record and ask why you weren't paid for the time.

    If you can't get a satisfactory answer, then your next recourse is the state Dept of labor.

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