Legal Question in Employment Law in Kentucky

I Work at a walmart in kentucky, 3rd shift, maintenance, my main job is to take care of the floors by stripping and waxing'em and and we do such a good job that they send us to other stores to do their floors, last pay period we ( another guy in the floor crew and my self ) went to this store in lousville. Ky, we were paid for the miles. but we work almost 5 hours of overtime that were verbally approved by the store manager. today I went to work and they wanted to send me home to cut my hours so they dont have to pay me the overtime and I refused to. Can they do that? Is that legal?


Asked on 8/19/10, 10:48 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

This is likely a better question to pose to the labor and employment cabinet, although I believe the answer is yes, it's legal. Also, you should be careful posting questions such as this with enough information that someone could identify you. Wal-Mart is not the most compassionate employer.

I think this is more of a contracts question. Generally speaking, if Wal-Mart asks you on Wednesday to work extra hours and then sends you home early on Thursday so they don't have to pay you overtime, it's crappy, but they're allowed to do it. However, I think you have a case to make that you were doing work that is outside the scope of your normal duties and they promised extra compensation for you to do it. You work in your local store, not in Louisville. You were promised overtime pay and mileage to perform that work, you performed the work, and then they refused to give it to you. I think they owe it to you on the basis of an oral contract.

Of course, is the money worth the possibility of losing your job over it by causing a stink? As an employee in Kentucky, you are at the mercy of your employer. Labor laws protect employers, not the employees. They can fire you for whatever reason, including complaining on the internet about breaking their word, so long as it isn't for an illegal reason (such as for race, gender, religion, etc.) I don't believe Wal-Mart has a labor union, but if it does, this is something I would take up with them.

I would simply say that the next time they offer you overtime pay to go do something extra, that you remind them of this incident and decline. If you're doing such a good job that they want you to go to other stores, then they should learn to keep their word and treat a valued employee well. This might be an employer's market, but good employees are still hard to find.

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Answered on 8/29/10, 3:19 pm


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