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Timeclock adjustment, Pennsylvania

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  • Timeclock adjustment, Pennsylvania

    Over the past year, we've gone through one warehouse manager, and were forced to add a Home Office manager, who I assume is in contact with the corporate office and whatnot, and also handles things like pay issues, vacation time, etc. She is also in control of the timeclock via her computer. There was some consternation about 6 months ago when we were asked to come to work a few hours early over several days, and our time was mis-adjusted to our normal start times, thereby giving us less pay then normal, which was fixed after the manager was brought to attention. However, over the past several months I've noticed the paychecks not seeming to "match up", but only to a little bit per week. There was some rumor that she was editing our punches again, and I took it upon myself to start writing down all of my punches, but my sheet was taken away by management during a warehouse cleanup before the two week buffer between paychecks was over.

    Today, in a meeting, she claimed that yes, she was editing our punches to our normal shift times, because "the company cannot afford to give all this nuisance overtime" in her words, and "you probably aren't working all that time anyway". For example, If my shift is at 11 AM, and I come in to work before this time, say, 10:45 or 10:50 as a responsible employee probably should, all of my work during this time won't be compensated as she'l edit my punch to make the books say i punched at 11 AM, to avoid small accrued overtimes of an hour or so, etc. Is this legal, as I'm not being compensated for the entire time that I'm physically performing work for the company, and the time is not later shifted to my clocking out time. I'm an hourly, non-exempt employee as well. The time clock has been locked so that it's impossible for us to view accrued time per day/week through the clock itself, so there's no ability for us to check what time we have accrued short of doing the math ourselves and checking against our paycheck's total times.

    Also, and this only started within the past few months.. We have DC-wide mandatory meetings once a month to discuss performance, company issues, employee of the month, etc. As of late, they've required 1st shift to postpone thier lunch, and us (2nd) shift to take our lunch 2 hours after we arrive to work, thereby missing both our planned lunch and a planned payed meal. They then proceed to have us clock out and hold the meeting while having lunch, then clocking back in after the meeting is finished. After having been employed at Walmart during the class-action lawsuit, I think there might be something in this, as that was a part of the lawsuits there.

  • #2
    A responsible employee also doesn't work overtime if the employer doesn't want them to. If you ARE working, then yes, you must be paid, although your in/out times MAY be rounded to the nearest quarter-hour, as long as the employer is consistent. You'd be better off clocking in when your shift is supposed to start, as working unauthorized overtime may be a dischargeable offense, if the employer chooses to do so, and it would be legal.

    Mandatory meetings are compensable time for which you must be paid. If you are not, you can file a claim for unpaid wages with the state Dept. of Labor. However, since PA law does not require meal breaks or rest periods, the fact that you are required by the employer to change your scheduled meal period is not a violation of law.

    What is a "planned payed lunch"? Are you talking about the food being provided or the time? Are you already paid for your meal period?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Ah, sorry, this was written early in the morning. No, not payed lunch, i meant to say planned meal and payed break (10 minute break every 3 hours) though the break part doesn't really have anything to do with the time payed as we're already being payed for it, we just don't have a break .

      My biggest problem is that this has been going on for who knows how long unnoticed until she admitted it, and her cavalier attitude about it. Also, I get penalized if I'm even 10 seconds past my start time, and Who knows what she's been doing, as we can't check the clock, program, etc for our times. Also, they're concerned about our clocking in times, yet 2nd shift is consistantly held past shift end as we can't leave until the work is done, and recently some customer contract changes have pushed work back a half hour or more past our scheduled shift end. For example, a contract was evidently updated with a customer that makes it so we continue printing orders for them past 8:00, while our scheduled end is at 7:30. They've never been concerned with us staying till 8:30, 9:30, even past 10 pm before to get the work done, yet she's editing the start times to shave off a few minutes here and there. They've also never been concerned with requiring mandatory weekend overtime (which was happening the entire month of january for example), or having us come in 1-2 hours early every day for a heavy week of work.

      Another issue, but a tangent.. Recently I was hospitalized for about 9 hours because of a medicine reaction, causing me to have to go to the hospital in an ambulance and the full sweep of EKG, blood tests, oxygen therapy, etc as per anaphylactic shock basically. After having had an IV drip of diphenhydramine, and released from the hospital at 7:30 AM the next day (this happened the previous night), I called work and told them what had transpired and that I was unable to come in to work. They said nothing about it not being okay, and the next day i brought my ER discharge papers. I was later pegged for an unexcused absense and given a verbal warning, as i had no sick time left, and was told that I'l have to schedule time off 2 weeks ahead of time. The biggest problem is, part of my job is being a forklift operator, and if I HAD come in to work, i would be violating a few of the workplace Drug and Safety policies and been up for possible immediate termination for coming in to work impaired. The proper recourse in the manual was to contact the manager or HR person and let them know that I had been taking medications and conditions that would impair me and recommend time off if the impairment would leave the saftey of others in question, which, driving a forklift with no sleep and a body full of benedryl would.
      Last edited by Bisclaveret; 02-08-2008, 06:29 AM.

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      • #4
        OK, that makes more sense then. Sounds like a real nit-picky place to work. Or maybe it's just the new manager. In any case, though, you definitely should file if you aren't being paid for substantially all time worked. Conversely, if the employer doesn't want you starting work before your scheduled start time, then I guess you don't.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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