chipster
09-22-2006, 05:05 PM
From reading previous posts, I have a geerally idea to the answer of the question, but I am not 100% sure.
My employer does not pay anyone for overtime. The "owner" doesn't like to pay overtime. Granted, most of the overtime is from staying late on the phone with custoemrs or doing various other things. When it comes to checking hours, the management edits our time. Even if it's .1 hr over, it is reduced to 80hrs for the 2 week pay period. Generally if we are over they have the "talk" with us and say that those overtime hours are going to comped time. But no one has any record of the "comped" time and its gone into thin air. Is this legal in any way :confused:
robb71
09-22-2006, 05:25 PM
http://www.lni.wa.gov/WorkplaceRights/Wages/Overtime/WhenApply/default.asp
No it's not. Assuming you are non-exempt under FLSA, you are eligible to receive overtime for any hours worked in excess of 40 per workweek.
Editing timecards is legal provided that the edit is "correcting" time for hours actually worked. Common examples of ok edits include (1) employee forgot to clock out for lunch OR (2) employee forgot to clock out when left for the day.
Editing timecards as a means to eliminate overtime is unlawful. One thing to consider, however, is rounding. Rounding is ok provided the rules are uniformly followed. The rules may favor the employer under some circumstances but they should also equally favor the employee under other circumstances. For example, if you clocked in at 8:58AM for a 9:00AM start time, the employer could legally round to 9:00AM. On the flip-side, if you clock-out at 5:10PM (assuming you are "working" until 5:10PM), your time should be rounded to the nearest quarter hour (or 5:15PM in this example).
In Washington state, there are certain industries that are exempt from overtime (i.e. farm workers). Here is some additional information on these exceptions: http://www.lni.wa.gov/WorkplaceRights/Wages/Overtime/Exemptions/default.asp.
My suggestion to you is to start keeping tabs on your hours worked. This information will come in handy if you wish to pursue an unpaid wage claim.
And believe me, I understand what you're saying about still being on the phone with customers at 5:00. But just keep in mind that while you do have to be paid for any overtime you worked, you can be disciplined or even fired for working unauthorized overtime. So for your own sake, try to keep it to the bare minimum you can without shirking customers.
chipster
09-25-2006, 08:14 PM
Well on that note....i'd like to report them the best I can. Even tho some of the overtime was obtained a few months ago, can they still set forth discplinary action?? Even on authorization of ovcertime, it still gets cut. This doesn't havppen to just myself, but every other employee here. Unfortunately I haven't kept track of this until recently by taking screen shots of the time clock software about a week or so before the payroll nazi edits the cards/software. I have photographic evidence of at least one incidence as well as another employee...Who can I call and when can we expect any action to take place. Personally I have lost around 30+ hours of overtime since the beginning of the year and some others have about lost anywhere up to 100+ hours so far. Whats the number to report this thing??? TIA :cool:
robb71
09-25-2006, 08:22 PM
Here is the contact information you requested: http://www.lni.wa.gov/Main/ContactInfo/WorkplaceRights/default.asp?RefererID=31210000.
You cannot be denied overtime pay when its worked. However you can be disciplined for working unauthorized overtime if it's against policy. Your punishment may NOT be in the form of denying pay.
I suppose this is the part you are more concerned about. The punishment may be in the form of a write-up OR progressive discipline including termination. These are just a few examples.
It is unlawful to retaliate against a worker for making an unpaid wage claim. There are whistle-blower laws that would protect you should this happen.