Hello,
I work for a very popular apparel and footwear brand (which I will not name), and I’ve been having a situation involving finishing late because my manager isn’t capable of doing her job of sending people home on time.
Today I was working the closing shift and I clocked out at 9.01pm ( I was scheduled till 9pm), I got my stuff and I was walking towards the exit to leave. My manager stopped me in my tracks and the conversation went like this:
Her: “where are you going?”
Me: “home”.
Her: “why?”
Me: “because it’s 9 o’clock”
Her: “yeah I’m aware, and?”
Me: “im scheduled till 9.”
Her: “yeah, as is everyone else and yet nobody has their stuff ready to leave because they’re still working.”
Me: “yeah but the overtime isn’t being paid for though is it (I’m talking 10ish minutes)?”
Her: “yes it is, you get paid for every minute you’re on the floor.”
Me: “I have been told that it’s not how it works.”
Her:” Who told you that?”
*I did not answer* (but in fact, I did overhear multiple people say that extra minutes are not paid for, this is not a lie)
Her: “the way it works here is that you can leave when a manager tells you that you can leave. We all leave at the same time, as a team. You can’t leave on your own.”
The rest of the conversation is a blur because I honestly wasn’t paying attention.
It is a fact that it’s the managers job to ensure that everybody finishes on time. I appreciate that everyone leaves together after the closing shift, but this specific manager is known for consistently finishing 20 minutes late after scheduled, and therefore I believe that the manager’s lack of time management is not my responsibility.
I just think that it’s too much work for whoever deals with pay to split an hourly rate up into fractions, to account for the extra minutes of overtime worked. This is why I don’t think what she said in terms of every minute on the floor being paid for was true. Additionally, the overtime clause in my contract says this:
“You are entitled to receive overtime for additional hours worked. Overtime is any hours worked above your contracted hours. Any overtime will be paid at your standard hourly rate.”
Would anyone have some sort of explanation to this? Is there something I’m not understanding or is my manager in the wrong here?
TL;DR: I clocked out on time on my closing shift, and my manager didn’t like it “because there was still work to do”. I said that I won’t work extra minutes that I’m not getting paid for and she claimed that I do get paid for them – now I ask, is this true?
8 comments
In short
1) contract says overtime is paid
2) you regularly work overtime
3) you’re unsure if you’re getting paid overtime worked
I’d be making note of your actual hours worked, and cross checking with your payslip/pay per month and contesting if you do not think your overtime is being paid.
Does not matter why the overtime is being worked unless your contract includes exclusions as to when they will-/not pay overtime.
Never work for free. If overtime is wanted or required by your employer, establish the pay rates before you do it.
It’s not compulsory. A lot of employers lean on you to do overtime when salaried. Set your boundaries – and check your contract small print. Don’t work for free. Slavery was abolished 150+ years ago.
If it’s JD Sport they have a habit of doing this and won’t pay you. I’ve known many people work there and have this issue
In general in my experience Over time isn’t paid unless you clock in and out for work, (physically touch in a clocking machine) and it’s over 10 mins stayed or you have to record your hours on a time Sheet.
As for pay it’s automated no one is sitting calculating it x
I sign out to the nearest 15 minutes at my place, pretty much evens out over the course of a month, but I work directly for someone running a fairly small bar. If I was working for a big name place I’d make sure 100% I was getting paid for every minute.
Sounds an awful lot like footasylum.
Only if it is agreed do we get it. R
I just take them back.
Overtime I will generally work as time off in lieu and take far more than I’ve worked.
Sometimes I’ll refuse extra unless paid, for example I demanded quadruple time to come on and babysit a batch application 8-10pm in my last job. Got it too.
Not bad, sat with my feet on the desk drinking a can of lager watching the hairy bikers. Ate a bunch of snacks from the executive fridge, stole loads of Nespresso pods from their coffee station.
I’ve never heard of somewhere paying to the minute. Most break hours down into quarters and allow a minute or two either side of the quarter.