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Thread: Multiple labor law violations and fraud HELP!!! Virginia

  1. #1
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    Default Multiple labor law violations and fraud HELP!!! Virginia

    I have some questions about labor laws and i dont know who to go to for this and i am afraid to lose my job because if i say anything i will. I work at (deleted by moderator) car wash in williamsburg VA. I am not the only one who has had problems regarding illegal acts and violations. Any person who has tried to fight (deleted by moderator) has failed or is to scared to stand up because they fear they will get fired because a lot of people have been fired in the past.

    First things first (deleted by moderator) is taking thirty minutes out of everyones time whether or not they've had a break. (deleted by moderator) is so busy sometimes no one gets a break yet its still taken out of the employees paycheck.

    Second of all if any employee has an accident or cause any damages they will deduct it out of your paycheck instead of using their insurance to cover the damages. And if you quit or refuse to pay for these damages they will fire you and sue you for causing the damages.
    Example: An employee was hired to vacuum cars and drive cars into a tunnel. Now the track in the tunnel is so worn down that the metal has turned into a giant blade that can pop tires in which it has and the employee had to pay for the damages because the company doesnt manage their equipment properly. This is just the first instance there has been a lot more.

    Another thing is overtime. when it comes to overtime you either get a little bit of what your supposed to get or nothing at all.

    The biggest thing of all is when the labor is high the managers will clock employees while they are working to keep the labor low!!!!!!!!!!!!!!!!!!!!!

    Please help the people at (deleted by moderator) are scared to stand up for their rights and are scared to lose their job. So am We need help and this isnt right and i dont know how they have gotten away with this for so long ididnt know my worker rights until someone told me what they were doing was so illegal. Who do i go to? I cant do this alone
    Last edited by cbg; 10-26-2011 at 05:10 PM.

  2. #2
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    So pick up the phone, call the VA Department of Labor, and report the violations. If you are fired for reporting violations of labor law, that is a wrongful termination and you add that to your claim.

    Nothing is going to change as long as everyone is too scared to take action.
    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.

  3. #3
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    Quote Originally Posted by cbg View Post
    So pick up the phone, call the VA Department of Labor, and report the violations. If you are fired for reporting violations of labor law, that is a wrongful termination and you add that to your claim.

    Nothing is going to change as long as everyone is too scared to take action.







    Are you sure that is wrongful that they fire me because they will and they will find any excuse they can other then me contacting someone about labor laws at this point i am their biggest asset and they need me but they would fire me over this in a heart beat. will i have to get a lawyer and go to court if i do this because people in the past that did failed because the owners have good lawyers and they are loaded with money and everyone knows them
    Last edited by ktruok; 10-26-2011 at 05:30 PM.

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    Yes, I am quite sure that it is wrongful to fire you for reporting illegal activity. But if it would make you feel more comfortable, contact a couple of attorneys first (many will give free consultations) and see what suggestions they have to offer. Every state handles things differently.
    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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    It's a wrongful termination to fire you for reporting illegal violations to your
    state DOL. However, it's possible your employer will say you were fired for a
    different reason.

    You might want to talk to an attorney first as cbg suggested.
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    Agreed with the other answers. Past that, you sort of had two different types of questions. If we are looking at federal law only (FLSA), then you must be paid (at least) minimum wage (average over the workweek) for all hours worked. You must be paid overtime (if applicable). You cannot be charged for 30 minute lunches that you did not take. That is very black letter law. Deductions for damaged equipment is legally more complicated. The employer is not required to file an insurance claim. They may be required to maintain the equipment, but that is an OSHA issue, not a labor law issue. Under federal law only, it is legal to charge the employee for damages as long as it does not impact MW/OT. VA law, which I do not know (not my state) can be more pro-employee then federal law. Or not.

    The feds do not care about pay in excess of MW that does not involve OT. I keep hearing that VA is a "just like federal" state, although I have no idea if that is true in this area.

    If you are not keeping records at home of actual hours worked (compared to hours paid), then start doing so. Do not tell anyone what you are doing. Pen and paper works just fine.

    If this is really a lot of employees involved, then you really need to talk to a local attorney.

    One last thing. If this is a MW job with a bad employer, the only cure for the "bad employer" part is to find a better job with a better employer. Even if you win the claim, you still have a bad employer. So ideally you find a new job (without quitting the old job first), then file a wage claim on your way out the door.
    "Reality is that which, when you stop believing in it, doesn't go away".
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