If you are hourly, you get paid by the hour, so every hour you're at work, you get paid for. If they expect to work and not get paid for it they are in la-la land. That is not how the world works. If you are salary that is a different story. Salary workers are generally contracted to work 40hrs/week but are expected to work more when needed without compensation if the extra bit is just a little here and there. Extra days worked are generally comp time.
Dvra wrote:
Im a high school student that works part time at a bike shop as a mechanic that pays me $9.25/hour 25 hours a week. My job typically schedules me to close and I can't leave until the manager on duty leaves and the manager that I am scheduled with is a workaholic and does not want to leave until 2 hours after the store closes. Yesterday I was scheduled from 12:30 pm - 8:30pm and I did not leave until 10:15pm and I am not getting paid for it because we don't get paid over time unless we work over 40 hours and they cut hours before that happens. I now completely stop working when 8:30 pm hits and my manager is telling me I have bad work ethic. Am I wrong for doing this?
As a student, your manager should understand your main priority is school and should accommodate you. I understand part time jobs are hard to come by for high school students but that also doesn't mean your manager can take advantage of you. So the answer is no, you are not wrong for refusing to work overtime.
Clock in for the time you are working, as it is the law that you be paid. If your manager gets mad at you for doing this, report to dept of labor. This is illegal and your manager should already know this is the law.
Quick thoughts/questions:
1. Hourly employee scheduling guidelines vary, depending on the state that you live in. In the state that I live in, an employee can be scheduled for an unlimited number of hours per day, but cannot be scheduled 7 days in a row if working retail. In other words, you CAN be made to work a 10 or 12 hour shift without receiving any overtime pay, and without your employer violating any laws or state workforce commission guidelines. You have to have worked 40 hours during a seven day work week to begin qualifiying for overtime pay.
2. We are still not clear on whether the OP is being compensated for his time spent in the store past 8:30pm. OP, are you getting paid $9.25/HR between the hours of 8:30pm-10:15pm, or are you getting paid $0/HR?
3. We are also unclear as to whether the OP is being asked to clock out, or stop recording his time worked after the bike shop closes at 8:30pm. OP, does your manager tell you to clock out at 8:30pm, or do you clock out at the same time that he does when leaving the store at 10:15pm? How do you record your work hours...do you use a timecard, or do you log into/out of scheduling software?
4. It is entirely possible that the OP is getting paid for his time and doesn't realize it. OP, how many hours are recorded on your last pay stub, and how do those hours match up to the amount of time you actually spent in the store working during that pay period?
If you can answer the above questions, we can give you better advice.