I currently work at a private pharmacy (mom & pop store), I usually work part-time about 26-35 hours a week, but when I work OVER 40 hours a week (time to time) I never received overtime for it. When I approached the situation, they explained to me I am considered a part-timer and part-timers don't receive overtime, benefits, etc. And my boss got offensive and says "Well if you have a problem with it, then find somewhere else to go" Another issue I am having is, are they required to give me pay stubs? Because I have never received any from them, although they deposit straight into my checking account.
I get paid weekly, and I did receive a W2 for 2013. Also, I have almost worked a year (in August) Let me know!
Criminal Defense Attorney
You have a case! The Fair Labor Standards Act applies to both full and part-time employees. Hire a lawyer.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Generally you are paid overtime for any time over 40 hours per week. The tittle of your position makes no difference. You should contact the Employment Department for advice on collecting your overtime, you could also contact a labor and employment attorney for assistance.
NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.