Employer not paying for overtime.

[Spiffy]

My college aged son is working full time this summer. He has been working for this employer for about a year in a part time job. He is keeping the part time desk job and added 40-45 hours per week as a summer camp leader. So he is working around 50-55 hours per week. He got his first paycheck, and they are not paying him overtime. In fact, they are not paying the hours that he actually works (he does "clock in" on an app) but paying a daily rate for the camp job. My son didn't want to confront them, but I convinced him to ask about it.  When he questioned them, they said it is two different jobs, so he doesn't get overtime pay. I think they are just trying to see what they can get away with. Am I correct that any time over 40 hours per week has to be paid at a higher rate? I looked up Texas labor laws and I think the employer is wrong. Any thoughts?

[Blue Skies]

Seems probable they should be paying overtime, unless the camp job is technically a different employer, then he is just working two jobs.

If they figure out they need to be paying him overtime for one of the jobs though, I would expect him to be fired from one job instead, unless they are really desperate for people.

[Spiffy]

Same employer and yes, they are desperate. They want him to work both positions. He was getting burned out working such long days and after a day of working from 8 AM to 9:30 PM, I told him to only work 40 hours a week unless he wanted the extra overtime money. That's when I learned they aren't paying overtime.

[mspym]

That honestly sounds like a question for the Texas Workforce Commission.

Disclaimer: I'm not in the US but from hanging out with a lot of Americans online, I don't think he could be earning enough to be classified as a salaried worker and it sure sounds like they are attempting an end-run around labor laws with one role being hourly and the other as day-rate.

[2Cent]

I would say if they are desperate just tell them to reduce the hours. There are laws against overworking employees for a reason. Your health is worth more than a bit of money. Burn-out is no joke, and being young doesn't make you immune.

[neophyte]

It's worth checking to see if Texas has special wage rules for camp counselors.  I think some states do - particularly for sleep over camps where counselors are living on-site.  If they are allowed to pay a daily rate for the counselor work, I'm not sure how that would work with the other job as well. If the way they are paying him is legal, I'd encourage him to try to renegotiate the pay rate for the desk job or drop it. 

I also want to say how awesome it is you're standing up for your son. As a young adult I was encouraged by my boomer parents to work extensive hours off the clock even while I was struggling to get by on my low wages.  (Because you're lucky to have a job at all and this is just how it is you've gotta pay your dues and then the company will notice your hard work and reward you....) Boy, do I regret that.

[Spiffy]

Well, I just talked to my son. They fired him! It's fine, because he planned to quit anyway because he feels they are taking advantage of him. Everyone in town is hiring, so it won't be hard to find something else. But it does make me angry. When he confronted them, they told him to take time off from work until they could talk to the financial director, so he did. When he called to talk to that person, she said he could get over time for the day camp job, but not the desk job (which is still incorrect). But in the meantime, they emailed to say he was fired. The cherry on top is that the employer is a Church Rec center.

[Laura33]

FWIW, churches near me definitely get exemptions from various wage laws; I think my DD got $900-1200 for working full-time at an 8-week summer camp (it was considered a "stipend," so she actually got paid the same amount even though she had a week off). 

Not exactly a "Christian" response, though!  He's better off elsewhere.  There are very few people I dislike more intensely than supposed do-gooders who are more than willing to take advantage of others and justify it because it's for some good cause.

[mspym]

Sounds like a lucky break. I hope your son finds a more reasonable employer soon.

[RWD]

My earliest tax-reported income is from a church summer camp. They paid me less than half of the state's minimum wage (and also significantly under federal minimum wage) and only for 40 hours a week (it was an overnight camp). In previous years I had volunteered, so anything was better than nothing I guess...

[Frankies Girl]

You might want to look into this a bit harder as it sounds a bit like wage theft, and as soon as he started asking about the overtime pay, they fired him in retaliation. If your state laws required them to pay overtime AND they fired him, he could get multiple times backpay plus compensation for the retaliatory firing.

In any case, they should be reported to the TWC so they can investigate this place so they will be fined/face severe penalties if they're doing something illegal (and to get what your son may be owed AND stop them from treating other employees this way). They have phone # that you may be able to ask a live person how your son's workplace was classifying him and whether it was legal to pay him two different rates and all that jazz.

https://www.twc.texas.gov/jobseekers/employee-rights-laws

[Sibley]

I agree that they should be reported. Couple caveats:

1. It's Texas, they are not known for strong worker protection.
2. Camp positions are known to have wage requirement carveouts, so it could be perfectly legal.

But worth reporting, because they definitely sound sleazy.

[reeshau]

Yeah, religious exemption for minimum wage / overtime exists in Texas.

https://www.twc.texas.gov/jobseekers/texas-minimum-wage-law#exemptions

I would say you have a case for retaliation on the firing.  Whether or not it's worth pursuing is up to your son and you.