I'm working 30 hours in a 39 hour period, can anyone tell me if this is legal?

My work has just been using and abusing me lately!!! UGH! I'm starting to lose my sanity now. I've been at work since 6pm last night, it's now 9:30 in the morning and I just got out of my first class.....which means I worked all night then came straight to class after 13.5 hours!!! To make matters worse I had already worked 15 hours 9 hours before work started again last night at 6! (confusing I know!)

Now the schedule came out for September and every weekend I'm working Saturday 5pm to 9am (16 hours) then coming in 8 hours later, working 5pm to 7:30am (13.5 hours). Is this even legal!?! I know you have to have 8 hours between shifts but I'm working 29.5 hours in a 37.5 hour period, then going straight to class and not getting home to sleep for another 8 hours.

We did have two people quit last week and I understand the schedule is crazy, but no one is working over time (because they don't want to pay it) and they are making me work 30 hours in a day and a half to make up for everyone so they don't have overtime.

I did agreed to work two 12 hour shifts every weekend (Sat 9pm to 9am and Sun 9pm to 7:30am-so I can make it to class). I did NOT agree to work essentially two double shifts in a row!!!!!

I am heated and will be calling my boss this afternoon/morning and telling her she needs to get this fixed or she will have 3 positions to fill and I won't be giving her the curiosity of a two week notice. PLEASE!!! Someone back me up and tell me this is illegal! :please:

BTW I work with disabled people who live in a group home of sorts (5 people) and I work by myself until the next person comes in.

Not sure if it's legal...

It's definitely illegal if you're not getting compensated for that time.

Two things will happen, if you stick it out.

1) They will continue to take advantage of you

2) They will see you working hard and possibly give you a raise...i dunno how your company works. If you're in a position where you need to ask for a raise, then you can use this to your advantage

Nobody ever gets a raise in my job. Everyone makes the same, part time or full time, even our "team lead" who does way more work than the rest of us makes the same. They got her to do the job by telling her she would get a raise during the next budgeting....it's been 6 months since then.

Well it probably depends on where you live but it sounds legal to me. People work back to back doubles all the time. The fact that you have a class to throw in the mix falls under the category of "your problem."

Lets put it another way for people. Who here would wake up Monday morning and go to work for 8am. Then work till Midnight, go home, go to sleep and get up Tuesday morning for work at 8am, work till 9:30. Go to work on Wednesday at 8am and work till 6:30pm. Then have 4 days off, Thursday - Sunday? I would. I would work a 3 day week in a heart beat.

Your class makes that schedule suck but thats not your employers fault. A lot of people would work that shift if given the choice.

16 hours is legal. obviously your entitled to breaks and lunch
they are only required to give you 8 hours between shifts
unfortunately most states do not require overtime pay for more than 8 hours

Yes I would gladly work the shift if I didn't have class. But that's the thing....I do have class, and it's much more important to me than this job.

That's what irks me so much! The people who work full time don't see the problem because they forget I have class. If you add up all my class time, work hours, and study time I'm working 63 hours a week, a hell of a lot more than anyone who works full time, at my job at least.

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Originally Posted by Isis

I do have class, and it's much more important to me than this job.

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Well, there you go :)

I would ask to talk with your boss and kindly let them know that ^^^ what you just said. If he doesn't understand that, then it may be time to move on..yeh know?

Sigh....I was hoping there was some sort of law that was a bit different for double shifts.

Bummer, I was hoping to have more to back me up. Oh well, I'll just call her and let her know how I feel. We absolutely cannot afford to lose another person so I'm almost positive she will figure out something for me. If she doesn't, I don't ***care*** (edited for viewer purposes) at this point. I'm exhausted! There's always more jobs and I've never spent more than a week looking for one so I'm not entirely worried if she is crazy enough to let me "deal with my own problems". I live out in the middle of no where and last time they were hiring it took them over a month to find ONE part time person.

(we do have other employees at other sites that could be brought in in dire situations)

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Originally Posted by Isis

If you add up all my class time, work hours, and study time I'm working 63 hours a week, a hell of a lot more than anyone who works full time, at my job at least.

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You should work in the entertainment industry...that is a light week for me!

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Originally Posted by Isis

Yes I would gladly work the shift if I didn't have class. But that's the thing....I do have class, and it's much more important to me than this job.

That's what irks me so much! The people who work full time don't see the problem because they forget I have class. If you add up all my class time, work hours, and study time I'm working 63 hours a week, a hell of a lot more than anyone who works full time, at my job at least.

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But again the point is that people don't and shouldn't have to consider what you do with your free time. The fact that you have class is only relevant to you. So if you can't do both then you need to make changes but its certainly not your employers responsibility to accommodate your class schedule. On a personal note I feel your pain. I work 50 hour weeks as a salary employee and have worked 80 hour weeks with no extra compensation. I knew what I was getting into when I took the position. I complain to my girlfriend sometimes but even she tells me that I should just get another job if I don't like it.

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Originally Posted by monk90222

You should work in the entertainment industry...that is a light week for me!

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Lol, that would be why I don't! I'm not crazy :rolleye2: :rofl:

haha...when do you get to study?

Sounds like it's time to find a new job.

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Originally Posted by monk90222

haha...when do you get to study?

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Between classes. I'm a senior at the University of Iowa and they really like to stick it to you!!! As of now I've been spending 2-3 hours everyday between classes/when I get home. Spanish class, Research Methods, Quantitative Data Analysis..... :tears:

Take it from a 22 year old stuck at wal-mart. Choose higher education over a crappy job!!!! You can always get other jobs, but you don't see a lot of people handing out college educations. There are employers out there that will work with your school schedule. I would hate for you to bomb at school because you didn't have the time to study. Just my .02 cents.

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Originally Posted by accidental777

Take it from a 22 year old stuck at wal-mart. Choose higher education over a crappy job!!!! You can always get other jobs, but you don't see a lot of people handing out college educations. There are employers out there that will work with your school schedule. I would hate for you to bomb at school because you didn't have the time to study. Just my .02 cents.

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Yes thank you very much! I let my grades slip last semester because I was working a lot. I don't want to go through that again. Not for a part time job that I'm leaving the second I get my degree!

Same thing happened to me when I was a freshman in college, worked 60-70 hours a week at a lumber yard(not counting school). I finally told them to cut me back to 40 or watch me walk away. They chose the latter haha but I got a new job and have been happy ever since

The way the labor laws are is this. If you work more than 40 hours at a single job in a work week, then you are entitled to overtime for every hour over 40. For alot of jobs, breaks, and lunches are not considered "on the clock." Anything you do to fill the gap between shifts is on you...

Rob

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Originally Posted by nixer

16 hours is legal. obviously your entitled to breaks and lunch
they are only required to give you 8 hours between shifts
unfortunately most states do not require overtime pay for more than 8 hours

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That is false as i work for a union with GM and in the rules states only 5 hours minium needed between shifts. It is not illegal for them to work you more than 8-10 hours a day. Thats why theres overtime which they must pay due to labor laws. but if you dont work past a full time(40+) week overtime isnt added to the paycheck.

Right now im working 32 hours a week. Which is full time so if i work say 40 i still get paid normal rate. If i do say 41 hours that one hour is over time.

Just keep in mind if you work say 2 16 hour shifts they by law dont have to give you over time till your OVER 40.

From what I understand, not sure about all states, but you cannot work over I want to say around 16 hours a day without an 8 hour break. Not sure if this holds true to all states.

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Originally Posted by flameethrower

That is false as i work for a union with GM and in the rules states only 5 hours minium needed between shifts. It is not illegal for them to work you more than 8-10 hours a day. Thats why theres overtime which they must pay due to labor laws. but if you dont work past a full time(40+) week overtime isnt added to the paycheck.

Right now im working 32 hours a week. Which is full time so if i work say 40 i still get paid normal rate. If i do say 41 hours that one hour is over time.

Just keep in mind if you work say 2 16 hour shifts they by law dont have to give you over time till your OVER 40.

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i urge you to read this

Collective Bargaining Agreements (CBAs) are agreements between employers and representatives of their employees (e.g., unions) which address the wages, hours and other conditions of employment. The information presented in this section is limited to the requirements of the FLSA with regards to hours worked. Generally, an employee, or a union on behalf of an employee, may not waive his or her rights under the FLSA by agreement or contract, including what hours must be counted as hours worked. If your employment is, or if your employees are, subject to a CBA which you believe conflicts with the provisions of the FLSA, please review this Advisor prior to contacting the nearest Wage and Hour District Office.

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Originally Posted by Isis

My work has just been using and abusing me lately!!! UGH! I'm starting to lose my sanity now. I've been at work since 6pm last night, it's now 9:30 in the morning and I just got out of my first class.....which means I worked all night then came straight to class after 13.5 hours!!! To make matters worse I had already worked 15 hours 9 hours before work started again last night at 6! (confusing I know!)

Now the schedule came out for September and every weekend I'm working Saturday 5pm to 9am (16 hours) then coming in 8 hours later, working 5pm to 7:30am (13.5 hours). Is this even legal!?! I know you have to have 8 hours between shifts but I'm working 29.5 hours in a 37.5 hour period, then going straight to class and not getting home to sleep for another 8 hours.

We did have two people quit last week and I understand the schedule is crazy, but no one is working over time (because they don't want to pay it) and they are making me work 30 hours in a day and a half to make up for everyone so they don't have overtime.

I did agreed to work two 12 hour shifts every weekend (Sat 9pm to 9am and Sun 9pm to 7:30am-so I can make it to class). I did NOT agree to work essentially two double shifts in a row!!!!!

I am heated and will be calling my boss this afternoon/morning and telling her she needs to get this fixed or she will have 3 positions to fill and I won't be giving her the curiosity of a two week notice. PLEASE!!! Someone back me up and tell me this is illegal! :please:

BTW I work with disabled people who live in a group home of sorts (5 people) and I work by myself until the next person comes in.

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Des Moines District Office
US Dept. of Labor
ESA Wage & Hour Division
Federal Building
210 Walnut Street, Room 643
Des Moines, IA 50309-2407
Phone:
(515) 284-4625
1-866-4-USWAGE
(1-866-487-9243)

Percella Maupins
District Director