Legal Question in Employment Law in Arkansas
working 42 hours being paid for only 40
My boss has been having me work 42 hours a week, for the past year, but only paying me for 40. We work 9-6 Monday through Friday, and 9-3 on saturday. I normaly have off on one day durring the week.
I am forced to write 8 hours on my time card for each day I work. I am told that the extra hour each day is for lunch. But I am not allowed to leave or stop working for one hour durring the day. Insted most days I am elected to fetch lunch for everyone, which I is brought back to be eaten in the store. I can be interuped at any time, by the phone or by a customer. I am regualy made to start work before 9am and kept after 6pm which I am not paid for. 10-20 minutes a day, some days kept well after 7pm.
Weeks in which I dont get a day off, I am not paid overtime. My boss says since I make a small commission, he is not required to pay overtime.
It has recently come to my attention that these practices may be agaist the FLSA.
This week I wrote down my true hours worked this week, in which result in me being screamed at all day. My boss told me that if I don't agree to his way of doing things I will be fired.
He then ''corrected'' my time sheet, and only paid me for 40 hours.
1 Answer from Attorneys
Re: working 42 hours being paid for only 40
Depending on what your job duties are, it sounds to me that you are correct, that you are entitled to overtime compensation. Simply paying you a commission does not in any way, by itself, relieve your employer from paying you overtime. You also have protection from being fired for complaining about not being paid correctly. You should contact an attorney with extensive experience in overtime compensation.
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