I recently was asked to work on a day that I have off, the thing is, that would be my 6th working day so i should get OT pay for that day. Instead they say, well if you want the hours you cant get OT. I was scheduled 20hrs this week and the shift they offered me would up my hours to 28 for the week. Can they deny Overtime pay like that? I'm not really stressing about it, but my managers have lied to me before so i thought i would find out the answer on my own.
You need to find a copy of your contract book and check for yourself. Ask your union steward for one. Some stores may pay overtime if you work 6 days. Others only pay overtime if you work over 8 hours in one day or 40 hours in one week.
Anything under 40 no matter what form is usually not OT. However, please check your union contract for the following kind of clause.
If asked to work over your scheduled time be it 15 minutes over for a working day or to come in on your day off. You do not have to take the extra hours off at the end of the week. Let's say that it is time for you to almost clock out and you are asked to stay. Just stop, turn to the blue badge, smile and say "I am scheduled to leave at x time. Do you approve of the extra time?"
Always let management know where you stand on time for the day OR for the week if asked to work your day off. Then ask them for their approval and blessing. If they accept it work it as if it was pure extra time. Most contracts stipulate that this "approved time over" does not have to be cut short at the end of the week. If you are not finished with everything and you know your time will be up also let management know what is left to be done. They might ask you to stay or give it to the next person on shift. Also, nobody is forcing you to stay ethier.
yes they can do that. you would be required to sign a 6th day straight pay form.
so basically what to are doing is offering you the opportunity to work extra hours on your 6th day but you will not get overtime. you have a choice. no i will not work it. yes i will work it. if you say yes that is your choice and a contract is made. they made an offer + you accepted. a pure straight forward deal. you can say yes and add an addendum that you get paid overtime. they might say yes or say no to you. you could also say yes but please buy me a nice lunch for my trouble. you you could say yes and realize you might get some recognition for being helpful and that "pay" is good enough.
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I am no longer part of the oppressed, evil workforce of Kroger! Can you say "Hallelujah"
Definitely need to check your contract/check with your steward on this one. Most contracts had a "6th day pay" clause that was taken away in bargaining sessions around the mid 2000s. Depending on the exact date, it may say that employees hired before XX/XX/200X will receiving time and a half if they are called or scheduled to work a 6th day.
Having somebody work it who is entitled to it according to the contract, then not paying that person properly, is a grievable offense that you would likely win. Waiving your right to that weakens the contract and may even open doors for other employees to file grievances and get paid (if they were hours that they could have worked for OT or even straight time).
