Announcement

Collapse
No announcement yet.

Employer shorting pay each week via "incentive" Pennsylvania

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Employer shorting pay each week via "incentive" Pennsylvania

    OK, trying to make a long story short here.

    Hired as mechanic in Mar. 2007. Hourly pay agreed upon, etc.

    Upon completion of my first week, owner gives me a $0.50/hr. raise based upon my skills shown. This continues until Mar. 2009, when he hands me a letter with "new company policy" - in effect a "70% of hours worked must be billed to customers" which is acceptable in a shop with a full time parts dept., etc. I had to sign and return this letter "agreeing" to it. Needless to say, I felt I had no job if I didn't sign.

    The catch is this is a 2 person operation (formerly 4, but he let 2 go) and since I've had to phone customers, look up parts, pull parts, etc. all of which are not billable. On top of that, I also answer phones, do floor selling of merchandise, etc. (of course, all this is not billable).

    The "incentive" is as follows: 70% billed or else I only get paid my hourly wage for hours billed. 70%-100% is regular hourly pay, over 100% is 150%

    Since I'm now doing the jobs of what should be 3 other full time employees, no way I can make 70%, and my pay has been reduced to some weeks I'm getting paid less than $4/hr.

    I've figured roughly that he's now underpaid me by over $2500 since then, and even if I only got paid min. wage, he'd still owe me over $1500.

    It's only getting worse...now he doesn't even check the billable time sheets for jobs and arbitrarily makes pay checks at more or less random. This I know because I've been present when he made payroll and he never pulled the work sheets from the folder on my desk.

    I'm in a position where I can't quit for lack of employment...at least the little I'm getting pays the bills, mostly. What's the best way to handle this knowing if I turn him in to Labor Board I'm out a job? (Needless to say I wouldn't be comfortable there once he knows I turned him in as well.)

    Thanks to all for any help I can get.

  • #2
    For any workweek in which you grossed less than minimum wage for all hours worked in that workweek (gross pay divided by total hours worked), you can file a wage claim with the state Dept. of Labor and Industry.
    http://www.dli.state.pa.us/landi/cwp...a=142&q=201211
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Originally posted by ham1957 View Post
      I'm in a position where I can't quit for lack of employment...at least the little I'm getting pays the bills, mostly. What's the best way to handle this knowing if I turn him in to Labor Board I'm out a job? (Needless to say I wouldn't be comfortable there once he knows I turned him in as well.)
      This is a real situation for many people in the current economy. While he could be in real trouble for firing you for filing a legitimate claim, no paycheck while you are waiting for Labor Board action is worse off than you are now. I'd assume that as soon as you can you'd like to get a job somewhere else and be done with this guy. As such, I'd recommend that you document your time every day after you leave work (not on company time or using company resources) so you have a complete record of your actual hours worked. If you don't have accurate records for what already has occurred, estimate the best you can and document that. As soon as you find another job (however long that takes) file a claim with the Labor Board for the back wages.

      Even though he apparently has records of the actual time that you've worked, you would be best off to have your own records to make your case.
      Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

      Comment


      • #4
        While I don't disagree with Scott67, you might want to give the state DOL a call and find out how long after the violation you actually have to file the claim. I didn't see it on the claim form itself.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Pa. - If you were not paid at least the minimum wage or you were not paid correctly for your overtime hours, you should try to file a wage claim within two years from the date the work was actually performed. However, you should file a claim as soon as you can. Since your employer is only required to keep its records for three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

          Working...
          X