Background: I work part-time at a tutoring center. It is only one of two jobs I normally work during the week. Because of the nature of the business, the tutoring center is only open after school gets out- from 3-8 PM. They are also, for some odd reason, open only from 4-6 on fridays. For most of this year, I have been working for them 6 days a week (the center is closed on Sundays)
Last month another center called and asked if I could work for them on Sunday. It would only be for 2 hours. Since at that point I was pretty much working as much as my current center was open (not bragging, but also working more hours than any of my coworkers and tutoring the most students as well) I agreed to their offer. Part of this agreement was also in exchange for helping to find people to cover for me on my vacation (which they did).
Recently, the managers were having a meeting and realized that not only had I been working seven days a week, but I had been working twenty-one consecutive days (counting today) :eek: Now I do not mind not having a day off because Fridays and Sundays are only TWO HOUR LONG SHIFTS. Since my other job (substitute teacher) is not year-round, I was hoping working as much as I could at the tutoring center would help during xmas vacation/summer, when my income is severely reduced.
One manager approached me the other day about it, and said I couldn’t work Sundays anymore. When I asked why, initially their concern was that I was going to get ‘burnt out’. I seriously doubted this- the managers work 60 hours a week, 6 days a week for a whopping 33k a year and aren’t just arbitrarily given time off for being ‘overworked’. At the most I’m still working half the hours they are. When this sank in they pointed out the fact that there was also the issue of overtime- if an employee works a certain number of consecutive days they are qualified for overtime.
I had NEVER heard of this. I certainly wasn not working 7 days a week to get overtime. I know that our company does not give overtime for part-time employees (they are not allowed to deny us it, obviously, but they do not permit us to work more than 8 hours in a day, XX hours in a week).
Are they just making this up? A part of me feels like it is a silly fight, since it is only two more hours of work. But on the flip side, I feel extremely skeptical about this excuse.
Not being a lawyer or a labor expert or anything in that realm as my disclaimer, I would say it still seems pretty clear that they can set your schedule on whatever basis they want. Unless you have some kind of contract guaranteeing you a certain amount of work, and it doesn’t sound like you do.
AFAIK, Federal law requires overtime for hourly work above 40 hours per week. Therefor, if they say they will be "forced to pay you overtime, it is either bullshit, or perhaps their own corporate policy. If the latter, it probably means they do not want to change that policy for this one case, as it might involve pulling in a CEO or a Board of Directors to change the policy.
Either way, you really don’t have any options. They asked you to work additional hours, and now they no longer want you to. Period, end of story.
Labor laws vary from state to state, too, as far as what a “part time” employee is, and how many hours they can work, and so on. Overtime is handled differently in regards to part time and salaried employees, as well as vacation, sick time, and other benefits.
If I recall correctly, where I live (which is in California), a part time employee qualifies for overtime for any time over 8 hours in a single day or shift (if the same work period spans across the midnight hour), or if they work more than 40 hours in a week. (6 hours a day for 7 days = 42 hours. They would be paid overtime for 2 hours.) But if I worked for 5 hours a day for 7 days (35 hours that week), I would not qualify for overtime. Again, if I recall correctly.
There may be Union concerns too, if “part time” employees aren’t required to be in The Union (whichever one may apply), but you are being used as a defacto full time employee, the Union will start squaking and sueing.
Thanks for the info, lightingtool! Wow, if that information is correct, then my next paycheck or two will be about DOUBLE, since I’ve been working 21 consecutive days.
I can imagine a fair amount of brick-shitting ensued when my accountant-at-heart manager realized how much of their budget was getting allocated to my hard work. On the other hand, its too bad I can’t still do it, since I am making far more money out of it than I originally though
I can’t find a cite for this, but I was told the clock resets after the 7th day, so you go back to earning regular wages on the 8th consecutive day. Again, not sure if that’s true, but it’s what I’ve been told.
Is the other center the same entity as your 6 day job? They do have to worry about stuff like that, if your working at two center’s they pay wages for. Working sunday for a different entity, would not be a problem for the 6 day employer. There are laws about working shifts at the same place without enough hours off also. They can’t work you 8 hours, send you home and have you work again until so many hours have passed. I think the miniumum time off is 8 hours. It’s more complicated then that. A union contract with the first employer may have a lot more restrictions, which even covers working hours outside your job with them.
