Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: navyguy
I don't know how these people can prove their case, and Wal Mart should pay if its a legit complaint, but if this lady thinks that 10 hours a MONTH of overtime without getting any extra money is bad, she should try working salary in the tech industry. She doesn't have a clue what overtime is. I work at least that 10 hours overtime a week and I never see a penny extra for it.

First off, she didn't work "overtime," which is a legal definition for time worked by hourly workers over the standard 40 hour week. She worked OFF THE CLOCK, meaning that she was ordered to work during hours for which she was not being paid.

And don't forget that she's an hourly worker. There was an agreement entered into here, by both her and Walmart. The agreement was that she would be paid for every hour that she worked. Completely different than a salaried worker, which it seems both you and I are, and in the same industry.

It would be easy for her to prove that she worked additional hours. If she kept records of the time she started working versus when she timed in and out.

Again, you mentioned that she "doesn't have a clue what overtime is." Remember, by the employment agreement that she entered into with Walmart, they agreed to pay her hourly for her work, so she's not complaining about not getting overtime. She's complaining about working for Walmart at no pay. You can't say the same thing. As a salaried employee, you entered into an agreement that you would work until you finish, no matter what the hours, as have I. For instance, tonight I was responsible for moving 30 remote store VPN routers from one of our "hub" VPN routers to another. That little bonus project, plus my normal day to day work, allowed me to have a nice little extension to my normal 10 hour work day... 9:00am to 10:30pm. But that's part of MY job, and my employment agreement.

Mark

20 posted on 01/03/2007 10:10:08 PM PST by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
[ Post Reply | Private Reply | To 13 | View Replies ]


To: MarkL

now, how does one "force" someone to work off the clock?
is it a case of she punched out and the manager asked ehr to do something not realisd that she was punched out?
or was she maybe a slacker like some of the kids i've had to work with that didn't bother to do her job while on the clock and the manager, like most managers everywhere wasn't going to pay her to not work?
or is she like me and occasionally gets right to work and forgets to punch in?
i'd like to know alot more of the details of this.


32 posted on 01/04/2007 5:53:20 AM PST by absolootezer0 (stop repeat offenders - don't re-elect them!)
[ Post Reply | Private Reply | To 20 | View Replies ]

To: MarkL

Fair enough... difference noted. But she could easily 'document' anything on her own. As the complainant isn't she required to support her claim beyond a reasonable doubt? She could write anything she wanted somewhere and claim its 'documentation', but that simply creates a he said she said scenario. I would think that something more substantial would be needed. Perhaps Wal Mart security video that shows her actually working at a time when she was clearly off the clock.


72 posted on 01/04/2007 10:14:23 AM PST by navyguy (We don't need more youth. What we need is a fountain of SMART.)
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson