I took on an additional 40 hr job while still doing mine with no extra pay increase
Recently the other office girl quit and I was assigned her complete job title along with mine. No extra payment compensation was given so I now do 80 hours of work in a 40 hour workweek. I also am not aloud to have any lunch or breaks at all. Is this all legal? The owner has also cussed me out numerous times spitting and recently called me a fu**ing Pus*y I have put up with his harrasment for too long and, I would like to know if I have a case?
2 answers | asked Mar 13, 2010 3:51 PM [EST] | applies to Ohio
Answers (2)
An important distinction here is whether you are actually working more than forty hours or you are expected to work two forty hour jobs in your normal work hours. If you work more than forty hours then you must be paid overtime pay unless you are overtime exempt under both state and federal law. I suspect this question means you are expected to do two jobs in the same amount of time. In that case at least under federal law you are not legally entitled to more pay for more responsibilities (Ohio state law may say differently). Unfair for sure but probably not illegal.
As far as the lunch and break time, Ohio may require employers to give you break or rest periods. I do not practice in Ohio and unsure of what that state's law may require. In Texas your rights to break time are fairly limited. (See more at https://www.kielichlawfirm.com/employment-law/)
As far as the harassment issue, I would definitely need more facts to determine whether the employer's conduct rises to the legal definition of harassment under federal and state law. It certainly seems worth exploring.
The bottom line here is this sounds like an unpleasant workplace where you are asked to do more than what your compensation reflects. When this question was asked jobs might have been tough to come by but today I would suggest considering finding new employment right away and consider claims against the current employer afterwards.
posted by Adam Kielich | Jan 30, 2022 11:52 AM [EST]
As far as the lunch and break time, Ohio may require employers to give you break or rest periods. I do not practice in Ohio and unsure of what that state's law may require. In Texas your rights to break time are fairly limited. (See more at https://www.kielichlawfirm.com/employment-law/)
As far as the harassment issue, I would definitely need more facts to determine whether the employer's conduct rises to the legal definition of harassment under federal and state law. It certainly seems worth exploring.
The bottom line here is this sounds like an unpleasant workplace where you are asked to do more than what your compensation reflects. When this question was asked jobs might have been tough to come by but today I would suggest considering finding new employment right away and consider claims against the current employer afterwards.
posted by Adam Kielich | Jan 30, 2022 11:52 AM [EST]
If you are working 80 hours per week and getting paid for only 40 hours, then it's illegal (unless you fall into an except class of employees, and it doesn't sound like you do).
It's also illegal for your employer to harass you as it sounds like the harassment is because you are female.
You should talk with a lawyer to determine the validity of a claim based on more detail from you.
posted by David Neel | Mar 14, 2010 10:16 AM [EST]
It's also illegal for your employer to harass you as it sounds like the harassment is because you are female.
You should talk with a lawyer to determine the validity of a claim based on more detail from you.
posted by David Neel | Mar 14, 2010 10:16 AM [EST]
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