Hello folks,
I work at a well known grocery retailer that pays 1.5x wage on Sunday for any hours worked. Conveniently I work every Sunday and am scheduled 2 weekdays off as a full time hourly employee.
This week myself and several others in my department came in on days off to help with the immense workload. We have all been told this time would be paid overtime as we all came in on scheduled days off.
Now here lies the issue…. We all work Sunday, and Sunday overtime does not stack with Sunday premium pay. So on the pay stub we will have 8+ hrs of Sunday overtime which is the exact same pay as our standard scheduled Sunday shift.
In WA state, is this wage theft?
We were told by management that coming in on scheduled days off would be paid overtime but when the pay stubs roll out we all have 8+ hours of “Sunday overtime” or “Sunday premium” with 40hrs base pay. Essentially we are paid base pay for our 40hrs for the week and the Sunday is considered OT even though we are scheduled to work sundays came in on scheduled days off.
This has been an ongoing issue and I have 3+ years of paystubs where I have huge amounts of YTD “Sunday overtime” accrued because of added shifts not actually being paid out as overtime.
Should I lawyer up?