Labor Problem for a Legal Eagle. ASAP...?

Question

I am involved in retail middle management, and an employee presented this scenario.

The upper management had apparently been "mis- adding" the hours punched in on the employee time cards on a regualr basis.
Sometimes by as much as a few hours per employee!

Hence, the employees were quite often not paid for their actual hours worked.

Also, the HR director instituted a policy of not paying the employees for unused breaks. In fact, he always charged them for a half- hour break even though taking one wasn't always feasible.

Now, in my current title as shift leader, I am not in a position to override these decisions and policies. I have been affected by this maltreatment as well.

Whether it is common or not, is this sort of thing legal?

Also, what are our legal options and what ramifications may they hold in store for us down the road?

We live and work in NJ and are unsure if calling the D.O.L. is the right decision right now.

Answer 1

I would contact the Dept of Labor. They will be able to answer all of these questions. You do not have to file a grievance with them but you at least would have answers to your questions.

Answer 2

Well, it is completely illegal to not pay someone for time worked. They need to go back through each and every timesheet and paycheck and make sure the employees were paid correctly. As for the breaks, this works a little differently; it may be a company policy that you have to take so many breaks, and so I can see the legitimacy in always taking out the time for the required breaks, whether you spent your breaks continuing to work or not. However, your employer has to make accommodations for you to be able to take breaks (i.e. having someone cover for you, etc.) It is also illegal to have someone work 8+ hours without taking at least a 30 min. break. So, your employer will force you to take that break, whether you want to or not. If you just keep working, you will still be considered on break. That aspect is legal, though, again, they have to actually make it so you have the opportunity to take a break.

I suggest you point out the miscalculations and have all employees review their timecards against their paychecks and get retro pay accordingly. You should be doing this every paycheck anyway, as mistakes do happen. As for the breaks, the company needs to explain to employees that they HAVE to take these breaks and that the breaks will be counted whether you choose to keep working or not. They also have to make it possible for you to actually take a break. If they do not do that, that is a legal issue.

Answer 3

Speaking as a paralegal specialist with a background in labor law, I would advise you to call the Department of Labor and anonymously complain about workers not being paid for actual hours worked. It may have been a simple clerical error, but the employees are entitled to compensation for services rendered, and if it takes getting the state involved to clear that up, so be it. As for not paying employees for unused breaks, that's a tough one because I don't know what New Jersey law has to say on the subject. Here in Michigan, the rule is you are given breaks and it's your fault if you don't take them. Mention that to the Department of Labor as an aside and ask them what New Jersey law says about breaks.

Answer 4

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