General Discussion
In reply to the discussion: Eric Cantor will propose Federal Law that Ends Overtime Pay for hourly workers [View all]Moosepoop
(2,075 posts)I've been in retail/fast food all of my working life. The idea you propose would not be good for retail workers -- on the contrary, it would be bad for us.
Employees of retail are just as entitled to overtime for hours worked over 40 in a given week as anyone else is. To the problem of being written up for 15 minutes of overtime, the answer to that is to clock out at 40 hours, period. If a customer needs help at or near the 40 hour mark, it can be explained something like "I'm sorry -- I have to be leaving, but Sally Sue here will be happy to help you" or "I'm sorry -- I have to be leaving, but I'll page another employee to come to this area to assist you." The answer is not to have the employee work unpaid overtime for the time after 40.
Employers would exploit such a change in the FLSA to favor themselves, at the detriment of their employees. Some already have, and some currently do, by either not knowing that they can't "average" a two-week pay period for overtime (though it's their job and responsibility to know this), or by taking advantage of employees who don't know that it's illegal to do.
I have been and am on the working end of this. If any change needs to be made to the law, it should that an employee cannot be written up for overtime. The managers can be responsible for ensuring that an employee is replaced by another -- by themselves, if necessary -- in helping a customer if the 40 hour mark is approaching.
Work performed over 40 hours in a week is protected for a reason. It should stay that way.