10-11-2011, 12:45 AM
I started a new job where the person training me told me to be 30 min early to count the safe and register drawer before i start. I had been doing this when I started seeing no one else was I was going to ask the manager the next time I saw her. Today I go in to find that the time sheet for last week has been change from the 44.5 hours I worked to only 37.5 hours that was only scheduled. And a note telling me it shouldnt take until 12 every night to get out. Im a hard worker and like to make sure things are done right and always feel as though everything didnt get done when i set the alarm to work outside before i leave. I know its illegal for her to do this but cant seem to find the law to bring it to her attention, I also know they must have the laws poster posted and dont. Should I just go over her head to the district manager??? Thanks for any help..
If we are talking federal law only (FLSA), then the employer is basically required to do three things.
- Keep track of hours actually worked. While employees like to think this effects them, it is actually a matter entirely between federal DOL and the employer.
- Pay at least minimum wage on a workweek basis for all hours actually worked.
- Pay (when applicable) the overtime premium for hours worked past 40 in the workweek.
If your employer is failing to do this, then the violation is not changing the time records per se but rather failing to do one of the above. The first issue technically does not legally effect the employee, but the second and third issues do. MW and OT violations are the key issues under FLSA. (Also child labor, but not really your question).
Now FLSA is the main federal labor law, but it is not the only labor law. Lets say that Bob makes $10/hr. FLSA stops caring about wages in excess of MW ($7.25). So under a federal FLSA claim, Bob can claim unpaid MW or unpaid OT, but not unpaid base wages in excess of MW. Some states care about these other wages. And some states support a Common Law claim (small claims court) for failing to do what was agreed to. Your state is not my state and I do not know what remedies are applicable in your state.
10-11-2011, 01:07 AM
we the employees keep track of hours worked and are to write each day down on a 2 week time sheet. We are also to sign it stating that those are the hrs worked. The manager took my time sheet and replaced it with one she filled out with the note on the bottom. Actually the hrs worked would be closer to 45 but they cant figure out how to pay whats not rounded to hr or 1/2 hr. its like she is saying, "oh well yea i saw you come in early and work and I didnt say anything to you then about it, but now I see all these hours you worked Im going to say you only worked part of them so I dont get introuble." It comes down to them trying to get 1 free day of work from me!!! I worked 44.5 hrs thats what I should be paid for!
10-11-2011, 09:11 AM
You can file a claim for the unpaid time if you choose. However, your employer does have the right to restrict the amount of time you allow to get the job done. If they want you to leave by 11, then you leave by 11. You can be fired for not complying. While they must pay you for the hours you actually work, they have the right to limit those hours.