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I work for a guy who's wife adds up the hours we clock in for. I can clock in from 10:47 a.m. until 2:13 p.m. and she figures my hours as being from 11 a.m. until 2 p.m., so I lose 26 minutes of pay. Which their time clock isn't even on right time. I can go to work and clock in at 10:41 on my cell phone, 10:41 according to the clock at work, and the time clock will say it's 11:46. I also write down the exact time I clock in and out every day. Last year I lost about 60 hours, I've lost more than 5 already this year. She keeps claiming that it is legal for her to round to the quarter hour she choses and has called me a liar and told me I have no clue what I am talking about. I got so mad about it that I actually got in a screaming match with her and walked out and quit for about six months. But I went back because I've known him for years and other than the fact that I get screwed on hours I love my job. I just want a way to prove I'm right so I get paid right.

2007-01-19 01:34:16 · 3 answers · asked by jenn 1 in Politics & Government Law & Ethics

I never agreed to their method of timekeeping, nor have I ever signed anything saying that I agree to it. I have been complaining about it ever since I started there telling them constantly that it's illegal. But she's from a different country and has no sense of the laws here. I don't want to just quit because I get paid alot more there than I would anywhere else. The owner is like family to me, so I don't want to drag the DOL into it. I just want to have the legal proof to show him she's doing it wrong so he'll tell her to give it a rest and start paying us right. Right now he's sort of stuck between having to live with her (and his stupid accountant telling him that's how every business pays their employees) and me telling him she's wrong.

2007-01-19 12:18:05 · update #1

3 answers

First, I think you should resign. I am not being curt. It seems to me that you work for a small company, small enough that you can have direct (and what seems to be frequent) conversation with the time keeper who is also related to the boss. One of the greatest benefits to working for "mom and pop" is the sense of family, of not being lost in the crowd. You don't have this situation. I would speak with your boss, assuming you haven't already, and if nothing is resolved within two weeks (or two pay cycles) you should hand in your resignation.

Now to the legal issue:

She keeps claiming that it is legal for her to round to the quarter hour she chooses and has called me a liar and told me I have no clue what I am talking about.

Well if the policy is both written and was explained to you and you agreed to it, then fair or not she is right. I have worked at places that discourage you from clocking in early because overtime isn't available. Macys (and other retailers I am sure) go one step further. You clock into the register and it won't let you clock in more than a few minutes earlier or out late without supervisors override.

So my final answer. Speak with boss. Monitor situation (I would keep a copy of my time card, or clock in with a piece of blank paper if you can’t get access to the card). Then if all else fails resign. Remember this situation at your next job interview (should you leave this one) when asked, "Do you have any questions for me?

2007-01-19 01:47:49 · answer #1 · answered by larry.fowler40 2 · 0 0

C'mon Jenn. No sympathy here. Once you found out how she calculates the hours, you should learn to clock in 1 minute before and out 1 minute afterward.

And if you returned to the job without clarifying how the hours are calculated, then you accept however it's done.

Get off the ego thing and either contact the Labor Department and file a complaint or abide by their method of calculation, which has been explained to you already.

2007-01-19 01:46:53 · answer #2 · answered by snvffy 7 · 1 0

Number one if she is going to round to the nearest quarter hours then log in at 11 and log out at 2.
Otherwise, you need to contact the Division of Labor in your area and report this. Are there other people that you work with that have the same problem? See if you can use them in your complaint to the Division of Labor. Continue keeping track of your hours so that you have proof when you go to the Div Of Labor.

2007-01-19 01:41:23 · answer #3 · answered by momofmodi 4 · 0 0

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