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Boss clocking me and every other employee out for breaks we are not taking Iowa

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  • Boss clocking me and every other employee out for breaks we are not taking Iowa

    I recently left a job due to a boss clocking me and other employees out for breaks that were not being taken in order to be in compliance with a company break rule. I am 99% sure that this is illegal since it is illegal for someone to alter your time clock unless they are making it more accurate to what you actually worked. I have all documentation of this being done and also a written statement from a new manager that i was training that was told to do this for everyone. Does anyone have any advice on what the next step i could take would be? I have already terminated my employment due to illegal working conditions ( i was an assistant manager in good standing) and contacted the VP of the company. Any suggestions would be greatly appreciated!

  • #2
    If you did not get paid for all the time you actually worked, you can file a complaint with the state DOL.
    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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    • #3
      Adjusting timeclock entries is not in itself illegal. The law doesn't care what time is clocked...it only cares that you get paid for the time you work. If the alterations being made to the timeclock are causing you to not be paid for the breaks you are working through, THAT is illegal.

      File a claim for unpaid wages with Iowa Workforce Development. You can find a link to the claim form on this page.

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      • #4
        just a few things to add.....i did talk to the hr dept and was informed that even though the person who was editing the time clock started in september and i only was able to check the last two weeks i worked, there was no way for me to get a copy of what hours/breaks i worked or took the other weeks. i was assured that a investigation was done by the dm. i know this is not true as she has only been to that location 1 time since i left and the one time she was there she wasnt actually in the store. they are refusing to let me go over it and basically telling me that they will not do anything else. do i have any legal standing?

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        • #5
          It's going to depend on whether or not 1) your state requires ex-employees to review their personnel files and; 2) if the personnel files legally include time records--in practice, they do not.

          File the claim with your best estimate of time worked not paid. Let the DOL do the investigating; that's what they get paid for.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Iowa does not require ex-employees to have access to their personel files..only current employees:

            91B.1 Files -- Access by employees.
            An employee, as defined in section 91A.2 of the Iowa Code, shall have access to and shall be permitted to obtain a copy of the employee's personnel file maintained by the employee's employer, as defined in section 91A.2, including but not limited to performance evaluations, disciplinary records, and other information concerning employer-employee relations. However, an employee's access to a personnel file is subject to all of the following:

            • The employer and employee shall agree on the time the employee may have access to the employee's personnel file, and a representative of the employer may be present.
            • An employee shall not have access to employment references written for the employee.
            • An employer may charge a reasonable fee for each page of a copy made by the employer for an employee of an item in the employee's personnel file. For purposes of this subsection, "reasonable fee" means an amount equivalent to an amount charged per page for copies made by a commercial copying business.

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            • #7
              That's true however: re former employees excess to personnel files in Iowa -- Generally, most Iowa employers opt to provide former employees with the same access given current employees given the lack of interpretive case law on the issue. So you might be able to get a copy of your personnel file - it would be up to the employer but many seem to be allowing former employees access.
              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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              • #8
                Only thing I'm saying is that California is the only state I know of where time records are, by statute, considered "personnel records" for purposes of employee review. Normally, they are not part of the personnel file.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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