mrboots
06-25-2009, 05:22 PM
I work at a minimart/gas station in Ohio. I am employed as a gas pumper. I am required by the employer to be there and begin work at 1:45pm but he makes me put 2pm on my time card. We close the store at 10pm but it takes us untill about 10:15 to complete all of our closing tasks and leave. Again we are required to put 10pm on our time cards. That is 30 minutes a day I am not getting paid for. I make $7.50 an hour. I have asked him about it before and he tells me that this unpaid labor makes up for any downtime we have durning the shift (there is little to none as I am constantly working). What action can I take without losing my job?
No idea. I can tell you what venues are available to recovery due wages, but there is no certainty that if you use one of those venues that you will not lose your job. Even to the extent the law gives you potential recourse for being terminated for filing a wage claim, the employer will likely just claim that the termination was for completely unrelated (and legal) reasons. Then the judge gets to decide whose story they like best.
There are no sure things here.
If you want to hedge your bets, keep track of actual hours worked and paid at home, and then if/when you change jobs (which likely will happen sooner or later), file a wage claim then.
mrboots
06-26-2009, 02:49 PM
Thanks DAW. I did not think that there was much I could do but I was just wondering. We have written time cards. If anybody puts the actual time they work on the time cards he will simply change it.
So what? The law says that you have to be paid for hours worked, not hours put on the time cards. Your decision of course, but you are either going to file a wage claim or not. If you file a wage claim, it will either be now or later. If/when you file a wage claim, you want to have your own records. If you think you can get away with putting the correct time on the time cards (even if the employer changes it), then certainly do that. It would help support your claim later. But some employers basically tell employees to lie on the time card or be immeadiately fired. Either way, keep your own records at home.