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I work for the Super Target in Arizona and I have been informed not only for the week of black Friday but also Christmas week (this week) that you had to hit 46 hours black Friday week and 48 hours Christmas week to be paid overtime. I asked one of my managers if that was legal and she thought it was a good question. I know Morrow is a right to work state and our labor laws are a little different than most places but it just seems somewhat fishy to me that they can just raise and lower it as they please because most employees are likely to work enough to hit it. I can understand their want to save money seeing as how they're being sued but honestly I would not waste a second to get them in trouble with the labor board if they are breaking the law. So is this change legal in my state or do I need to make a phone call?
Arizona does not have a law requiring any employer to pay overtime for work in excess of the regular work week. Federal law does require overtime if you work more than 40 hours in one week paid at one and a half times the regular hourly pay rate. See the Federal Labor Law site below. means you will have to sue in federal court if they don't pay you the overtime they owe you. Perhaps you should consider a class action suit by all Target employees in Arizona? Of course the people who participate in the suit will be fired for "poor work performance" since they can't legally fire anyone for asking for pay owed to them. Right to work laws are misnamed laws that favors management. It actually does just the opposite. Right to work laws are anti worker protection laws that destroy employee protection from unfair labor practices. Stupid people vote for right to work because the name of the law sounds like it does the opposite of what it actually does.
Poster Alan is correct. I have a friend who is the asst office manager in a grocery store. (hourly). When the office manager took vacation, she was the only one who could run the office, so, she had to work 10 days w/out a day off. But, they made sure that her hours did not exceed 40 hours, so some days, only 4, or others 8. Now, her paycheck only shows hours per week, (but) does not show how much per hour. It was only after she asked for a raise was told, it was automatic each year, and she had to take the gross pay and divide by the number of hours to determine how much more she was making each hour. Are you paid weekly or bi-weekly? If weekly and your pay stud shows 42 hours as an example, does it break it down to 40 hours regular pay, and 2 hours overtime pay? Or, if you are paid bi weekly, and it shows 78 hours, then it might be hard to break down, since, 1 week could be for 40 hours and the other week for 38 hours, which, is both less than 40 hours per week. The key is, like the other poster stated, is you need to find out specifically had they calculate your pay per week. My friends work week and paycheck is based on Saturday to Friday. So in her case, they can add or cut hours if it starts on the next week, vs being calculated on the current week to avoid paying overtime. I cant imagine Target, being a big retailer would be so stupid to not pay overtime for over 40, since most likely the payroll handling Target employees payroll, is most likely handling in ALL states that Target has a store. There are a few states that have exceptions, and one is California, that must pay overtime on ANY day you work over 8 hours, even if you don't work 40 hours in 1 week. But, other than that, federal law mandates any week over 40 hours, must be paid time and a half.
This is completely illegal. I think the company has the right to define when the workweek starts and ends (such as Sun.-Sat., Mon.-Sun., etc.) but whatever the policy is, you have to be paid for all hours and time and a half for everything over 40 hours in the workweek - unless you are in management and make enough to be exempt, but it doesn't sound like that applies in your case. Take a look at this website: I would suggest complaining to the U.S. Department of Labor. I don't think you'll get anywhere at the state level in a racist right-wing Republican state that cares nothing about workers. I've heard enough bad things about Arizona and I think it keeps getting worse. Make sure you keep records of your hours, if they don't give you the paperwork, write it down so you have evidence. Keep all pay stubs. If you are paid weekly and the pay stub has your hours worked, pay rate, and gross pay, the proof will be right on the pay stub so there will be no way for them to dispute it.
Not legal, by federal law.