Is it legal for a company to "not" pay you atleast 1.5x your normal pay when you surpass 40 hours for the week

At my current job, most of the employees are part-time workers, and they try to schedule us to under 30 hours for the week. A lot of times we are called in for additional hours which sometimes puts us over 40 hours for the week. However, instead of logging in (via company intranet) they have us fill out "mis-punch" forms for the additional hours. They do this to avoid paying us anything additional to our normal pay if we surpass 40 hours for the work week. Is this legal? This is a huge corporation, although Im not sure if the whole company condones this or if just the store I work in does so. If this is illegal, what actions can I take or who, outside of the company, should I speak to? Is there anyway to get any pay from the past weeks that I worked over 40 hours? Thanks, and if your an employment lawyer please let me know when responding.

Asked By: kham83 - 9/27/2007
Best Answer - Chosen by Asker
Is not legal under US laws unless it's agriculture or fishing.
Answered By: Gabriel & Co. - 9/27/2007
Additional Answers (7)
This depends if you are an exempt person or non-exempt. Generally exempt employees are not paid OT. Non exempt are paid OT for hours over 40. If you are a part of a union you could be entitled to overtime for all hours over 8 in a work day.
Answered By: Larry L - 9/27/2007
You get when you pay for soliciting legal advice. I'm guessing the answer is "it depends."
Answered By: beerandraiderfan - 9/27/2007
Not legal for hourly workers in the U.S. Wal-mart was sued over this not to long ago.
Answered By: sbyldy - 9/27/2007
The Fair Labor Standards Act requires most employers to pay overtime at time and a half. If you are punching a clock your are an hourly employee entitled to the pay. What they are asking you to do is probably illegal. I suspect the manager in your store is not aware of this law as most large businesses prefer to... More
Answered By: butter1944fly - 9/28/2007
Visit and find an office nearest to you. File a wage and hour violation claim; they will pursue it on your behalf for free... More
Answered By: Mel - 9/28/2007
This forum is for questions about the legal profession. This is not a forum for free legal advice.
Answered By: JJ - 10/1/2007
to have an employee fill out mis-punch forms is a felony for them; not you. blow the whistle on them and find an ethical employer.
Answered By: kemperk - 10/1/2007
Sponsored results
Over 483 Local Jobs Now Hiring In Your Area. $18-$87/Hr - Apply Today!
Click. Search. Apply. Free!
Jobs hiring near your local area. Part-time, Full-time, Work at home.
Sobre 287 Trabajos en tu area. $15-87/hora - Aplica Ahora.

Other Career Questions

What is your current job? Why did you choose this job? What do you enjoy about your job? What do you dislike about your job? What would be your perfect job? Would you rather have this j...
3 answers - Asked By: drop pants not bombs!.♥ - 3/2/2010
Where are the jobs? Is productivity and globalization creating a permanent “recession” of jobs? My main issue is I am doing a paper for school and have no idea where to begin. I was hoping suggestions...
4 answers - Asked By: bayebd24【ツ】 - 11/21/2007
Hi ok im 19 and about to start college to do an acess course into a university. Ive been browsing through all the courses and im tottaly stuck! I thought politics but im scared ill end up with some r...
1 answers - Asked By: roseparkerly - 1/26/2009

Content is not owned or controlled by Monster. Any content concerns should be addressed with Yahoo!
Yahoo! Does not evaluate or guarantee the accuracy of any Yahoo! Answers content. Yahoo! Disclaimer.

Popular Articles

Best-Paying Work-from-Home Jobs Article Rating
It’s easier than ever to work from home. Of course, not every job is a mobile job, and some companies aren’t interested in having their employees work from home.
2013 Marketing Jobs Outlook Article Rating
The US may be facing another year of anemic hiring overall, but that won't be the case in the high-orbit world of multichannel, digital media marketing.
For Employers: Post Jobs | Search Resumes | Advertise
About Monster | Work for Monster | Advertise with Us | AdChoices | Partner with Us | Investor Relations | Social Media
Terms of Use | Privacy Center | Accessibility Center | Help | Security | Contact Us | Sitemap | Mobile
©2014 Monster - All Rights Reserved U.S. Patents No. 5,832,497; 7,599,930 B1; 7,827,125 and 7,836,060 MWW - Looking for Monster Cable? - V: 2014.1.40.24-211