Overtime being denied
Hello all, I work as a seasonal full time employee at my college over the summers. It's a pretty sweet deal, because I get to live in campus apartments for free, on top of having a full time job. I have a second job as well. This summer, I'm working with the catering crew in the dining hall. They have lost a few people, leaving us a bit understaffed, and as a result we've been over scheduled and worked over forty hours in one week four times.
We sign in by writing down when we came in and took our breaks, and then we sit down while our boss enters our time in online based on what hours we've worked. However, she lies about when we come in - when we reach overtime, we are told that we're not allowed to work overtime, so we "have" to spread our hours out in the pay period to prevent that. My friend who is also working this job this summer got fourteen hours of over time. She was unable to even claim all of her hours - she's not getting paid for the full time she worked because we were closed down for a week, and it would look suspicious to put down times that no one else would have at all in the entire dining hall staff.
I personally have five hours of overtime that I was told I couldn't claim, and my boss put it down for last Friday and said if anyone asks, we could lie and say I only came in to help unload a delivery truck. In the state of Virginia, which is where I am, overtime (which is when you exceed forty hours in one week) is paid by time and a half, so instead of making $7.25 on those five hours (and my friend on her fourteen that she didn't even get to claim all of), we should have been getting paid $10.88 for each of the hours that we worked over the forty hour limit. By spreading the hours over the pay period, we are only getting paid the minimum for our week of overtime.
I have worked forty hours in the past three days. I'm poor and mostly self supporting, and I used the promise of my paycheck motivate myself to pull through. I need all of the extra money I can get, and frankly, after pulling 12+ hour shifts and only getting six hours of sleep, I feel pretty freaking cheated. My friend is really upset too, because she's in the same boat, and she recently lost her second job.
I have emailed the Virginia Department of Labor, because I went to my boss's supervisor and asked why I couldn't claim the over time that I had worked. He said "Well, it's just not in the budget." I asked him who made the budget, and he said it was campus administration. I ran into my work study employers from the school year, and asked why I was being told I couldn't claim over time. He said the school has the money for it, but doesn't want to pay for it. He also said however that what my boss is doing is extremely wrong, because he's had to give people overtime before. He got chewed out for it, but the student worker was still able to claim their hours and he just made sure not to schedule the student overtime again.
What should I be ready for?? I honestly have no idea what's going to happen from here on out. And I don't want to get in trouble with my boss at work for snitching, or for anyone to get fired, I just want me and my other coworkers to get paid for what we did according to the state's labor laws.
Posted Jul 16, 2017, 10:03 PM UTC