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Manager Altering Employees punches ... Massachusetts

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  • Manager Altering Employees punches ... Massachusetts

    here my quesion . i work for a major retail company in MASS. i know for a fact that myself and other employees have been getting punched out for breaks when we dont take one . i have brought it to my GM attention and they just pushed it to the side . so then i contacted HR and nothing has happened ? what should i do ? i have the dates it happened . The Gm also told other mangers to punch them out while she was on vacation ..

  • #2
    I assume you are a non-exempt employee.

    I assume you are not getting paid for the time you are punched out.

    Is this correct? Thanks.
    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.

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    • #3
      And these are meal breaks, yes?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Yes they are meal breaks. We are not getting paid for them if you actaully take it. If you do not take it my manager is altering the punches so it looks like we r so basiclly i am working for a 1/2 hour that i am not getting paid for . I want to get a lawyer should i?

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        • #5
          Let's say that Bob starts at 08:00 AM and leaves at 05:00 PM.
          - If Bob works through lunch, Bob actually works 9 hours, then Bob must be paid 9 hours.
          - If Bob does not work through lunch, Bob takes a 1 hour lunch, then Bob actually works 8 hours and must be paid for 8 hours.
          - If Bob does not work through lunch, Bob take a 1/2 hour lunch, then Bob actually works 8.5 hours and must be paid for 8.5 hours.
          - If Bob takes a very short lunch, less then 20 or 30 minutes (depending on which DOL reference you look at), then Bob must be paid for the entire 9 hours. A good rule of thumb is the lunch period must be at least 30 uninterrupted minutes to be unpaid. Although DOL has allowed lunch periods as short as 20 minutes to be considered unpaid.

          The key is that you must be paid for hours actually worked. That is very black letter law.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I think I would make a claim with the Attorney General's office (serves as DOL
            in Ma.) rather than contacting a lawyer.
            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.

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            • #7
              What is MASS law on lunches? I know here in CA one "must" take their meal break
              http://www.parentnook.com/forum/

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              • #8
                Originally posted by panther10758 View Post
                What is MASS law on lunches? I know here in CA one "must" take their meal break
                That's still in the courts, I think panther. And California is the only state I know of where they, even before the Brinker case, were sticklers for MUST TAKE meal break if one is called for. Every other state I can think of off the top of my head of "is entitled to" when a meal break is codified.

                Even so, though, if it isn't taken, the nonexempt employee still has to be paid regardless.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  In MA, an employee who works over 6 hours is entitled to a 30 minute unpaid meal break. Unlike CA, the state does not put limits on the employee's right to waive that break, as long as the employer agrees. But, as Patty say, if the employee works through that break he must be paid for it.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    http://www.mass.gov/Cago/docs/Workpl...hure_final.pdf

                    Meal Breaks
                    Employees who work a period of more than 6 consecutive hours per day are entitled to a 30-minute break. Employees must be relieved of all duties and be permitted to leave the premises during the meal break.
                    If the employee voluntarily agrees to waive his or her break he or she must be paid for the time worked.
                    Exemptions to the meal break laws are contained in Section 101. M.G.L. c. 149, s. 100 and 101

                    Mass Gen Labor code 149

                    Section 100. No person shall be required to work for more than six hours during a calendar day without an interval of at least thirty minutes for a meal. Any employer, superintendent, overseer or agent who violates this section shall be punished by a fine of not less than three hundred nor more than six hundred dollars.

                    Section 101. The preceding section shall not apply to iron works, glass works, paper mills, letterpress establishments, print works, bleaching works, or dyeing works; and the attorney general, if it is proved to his satisfaction that in any other factories or workshops or mechanical establishments it is necessary, by reason of the continuous nature of the processes or of special circumstances affecting such establishments, including collective bargaining agreements to exempt them from the preceding section and that such exemption can be made without injury to the persons affected thereby, may grant such exemption as, in his discretion, seems necessary.
                    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.

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