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deducting time from time clock records

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  • deducting time from time clock records

    The bookkeeper at my job goes into computer and edits the punches.
    when we are asked to work thru lunch break and miss the break, no meal, the bookkeeper goes into the compter at end of pay period and deducts the 30 minutes each day. I have kept record of how many times I have missed my break and over the past 18mnths the amount of dollars amounts to $1600. I have complained repeatedly about my time being edited and losing this money.

    Is it legal for them to go into clock and change your times?

  • #2
    Originally posted by coralee
    The bookkeeper at my job goes into computer and edits the punches.
    when we are asked to work thru lunch break and miss the break, no meal, the bookkeeper goes into the compter at end of pay period and deducts the 30 minutes each day. I have kept record of how many times I have missed my break and over the past 18mnths the amount of dollars amounts to $1600. I have complained repeatedly about my time being edited and losing this money.

    Is it legal for them to go into clock and change your times?

    What state are you in?
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

    Comment


    • #3
      time clock

      I am in Texas.

      Oh, just talked to my supervisor..she says, would like to see me take this job offer she knows I have had, make a smoothe transtition that she is being pressured to replace me.

      I made formal complaint to managemetn about my lost wages.

      Now she wants my resignation tghey do not want to terminate me..

      Intersting..can I qualify for unemployment if I do this? the job offer is a 79 mile drive from m;y home..will be a 4 hour commute. Doesn't sound like an option for a 66 year old tired nurse.

      Comment


      • #4
        Can't take wages

        A company has to pay you for worked time...period. If they are short paying you claiming you didn't take your lunch-You were still working and they have to pay you. Depending on the state you live in...it might be required that they give you a lunch break and they might be covering their hind end while hurting yours. It's up to you how far you want to take it. If you're planning on leaving, keep up the documentation and contact the dol when you're comfortable with losing a job. There are jobs out there...and you could walk away with $1600!

        Comment


        • #5
          These new manager types.don't know when to let well enough alone..maybe its a power thing..but today I found out that I will not be on the schedule for March..

          Be the first time I ever try to collect unemployment.

          This manager was the one that made an issue over the breaks in the beginning..I did not realize they were going into the computer and changing the hours. So when I checked sure enough were doing it to all staff.

          The result today after my complaint is that I am no longer employed there. So weird. I have good evaluations for years there.

          Nursing is a hard stressful career these days and this is just added stress

          Bottom line: glad I didn't have to make the decision to leave...might have hung in there longer. My concern is for the young people going into this kind of thing..I am old and have my Keough ..and am old enough social security will probaly last as long as I do. The young ones are the ones who have to deal with these new management methods.

          Comment


          • #6
            Idea

            Coralee. If you are worried about the youngsters going through this and you you no longer work there, file a complaint. They may audit the company and have to back pay everyone including you And this may keep them in check for awhile. Think about it

            Comment


            • #7
              Originally posted by coralee
              I am in Texas.

              Oh, just talked to my supervisor..she says, would like to see me take this job offer she knows I have had, make a smoothe transtition that she is being pressured to replace me.

              I made formal complaint to managemetn about my lost wages.

              Now she wants my resignation tghey do not want to terminate me..

              Intersting..can I qualify for unemployment if I do this? the job offer is a 79 mile drive from m;y home..will be a 4 hour commute. Doesn't sound like an option for a 66 year old tired nurse.
              In Texas there is no law to allow for breaks or lunch periods.

              Your employer can require you work through them but must pay you for all hours actually worked, and for any hours worked over 40 in a week, at time and a half.

              If you resign you will not get unemployment. You must be actively seeking work and not turn down any employment to qualify and quitting a job disqualifies you in your circumstance, there are always exceptions.

              Go to this site for more info on back wages and how to file a complaint:
              http://www.dol.gov/esa/regs/complian.../complaint.htm

              Best wishes.
              Sue
              FORUM MODERATOR

              www.laborlawtalk.com

              Comment


              • #8
                Deducting Time from Time Clock

                Keep in mind that there are anti-discrimination provisions within the Fair Labor Standards Act (FLSA) that protect employees who initiate a complaint about a violation of the Act. You should contact the US Department of Labor to discuss this matter with them. http://www.dol.gov/esa/contacts/whd/america2.htm
                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment


                • #9
                  Originally posted by LConnell
                  Keep in mind that there are anti-discrimination provisions within the Fair Labor Standards Act (FLSA) that protect employees who initiate a complaint about a violation of the Act. You should contact the US Department of Labor to discuss this matter with them. http://www.dol.gov/esa/contacts/whd/america2.htm

                  Discrimination was not brought up as an issue.
                  Please email me directly when you have something to add/change on our posts.
                  Thank you.
                  Last edited by Sue; 02-28-2005, 09:12 AM.
                  Sue
                  FORUM MODERATOR

                  www.laborlawtalk.com

                  Comment


                  • #10
                    Discrimination

                    Discrimination, from the standpoint of FLSA, does not hold the same definition as discrimination from the standpoint of the EEOC. The word, "discrimination" is used in wage and hour law to mean retailation.
                    Lillian Connell

                    Forum Moderator
                    www.laborlawtalk.com

                    Comment


                    • #11
                      deducted wages

                      thanks to youngCal and rest of the readers..simply commiserating on this web during the stress of all this has been helpful.

                      I did follow thru with the complaint and they perhaps will have to refund all the workers the time they deducted over the past year. It doesn't sound like much, but 30 minutes for 52 weeks added up.

                      one result of the complaint already is new management.. but the $$$ being refunded is also nice.
                      So in Texas you do not have to allow breaks but you do have to pay for time worked. In our case we were docked the 30 minutes and didn't get the break ..

                      If they had not deducted the time would not have made a case.

                      Again thanks to you all ....will keep you informed on how it finally settles.

                      Comment


                      • #12
                        Originally posted by coralee
                        thanks to youngCal and rest of the readers..simply commiserating on this web during the stress of all this has been helpful.

                        I did follow thru with the complaint and they perhaps will have to refund all the workers the time they deducted over the past year. It doesn't sound like much, but 30 minutes for 52 weeks added up.

                        one result of the complaint already is new management.. but the $$$ being refunded is also nice.
                        So in Texas you do not have to allow breaks but you do have to pay for time worked. In our case we were docked the 30 minutes and didn't get the break ..

                        If they had not deducted the time would not have made a case.

                        Again thanks to you all ....will keep you informed on how it finally settles.
                        EXCELLENT! Thank you for letting us know of your success.

                        Best wishes!
                        Sue
                        FORUM MODERATOR

                        www.laborlawtalk.com

                        Comment

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