My friend works for the state of FL and her supervisor is only allowing her to document a certain number of hours on her timesheets even though she is working much longer than what she is told to log. This person collapsed in front of me while working due to many health issues, most of which are brought on by stress. Her supervisor has been dragging her feet on filling the empty positions that are supposed to be filled and it is because of this that my friend has to work the extra hours. She feels threatened that if she logs what she actually works that she will be fired. Could her supervisor be held accountable in any way if she falls seriously ill or god forbid worse while working under these conditions? Specifics would be greatly appreciated. Thank you and god bless.
2007-07-01 14:16:07 · 7 answers · asked by Bumbo 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Assuming that your friend is not exempt under the federal wage and hour law (and if she's filling out timesheets, sounds like she is NOT exempt) what the supervisor is doing is highly illegal and should be reported to the department of labor. The employer is required to keep an ACCURATE log of hours worked.
2007-07-01 15:15:36 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
Her supervisor will not be held accountable for your friend's health conditions unless she gets a document from her doctor, stating she cannot do X amount of work of X type of work. She can then show this letter to her supervisor, and have it be filed. However, two repercussions can occur. She could be treated very badly, made so unhappy that she leaves, or she could be told right away that her job requires X, and if she is unable to perform her duties, then she can leave. Unfortunately either bad result is in the supervisor's favor.
She can report her working habits and supervisor's comments to the board of labor, however, if they do investigate, a couple of things may occur. She may be discovered as the "rat", then will be treated badly until she quits, ie more demands, stricter rules, etc. Or they may be stingy, and look for her to mess up like be one minute late, and then fire her.
Either way, she'll likely lose her job. You see it's her word against her supervisor's, and her supervisor can fire back in court, that she never said not to log proper time. What proof does your friend have?
My advice, your friend needs out of that place. It's not good for her health, she needs to find another job. Maybe you can help her look for one for that would be the best solution.
I wish there were another way around it. She'll be in my prayers. God Bless.
2007-07-01 14:31:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She needs to immediately begin documenting the hours that she is actually working. Refusing to pay an hourly employee for the time they are actually working (including OT pay) is a clear case of a wage and hour violation. I'm amazed that this is occurring in a government office - they are usually pretty cautious about adhering to the letter of the law.
Visit www.dol.gov and link to the department of labor office that is closest to you. Once your friend has documented her hours for a few weeks, she needs to file a labor board claim for back pay.
If her health issues are truly work-related (warning: filing a worker's comp stress claim is more difficult that it used to be due to some legal changes), she may also have a legit worker's comp claim. She cannot be retaliated against for filing a claim.
Good luck to you and your friend!
2007-07-01 15:45:55 · answer #3 · answered by Mel 6 · 0⤊ 0⤋
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2017-01-23 08:00:05 · answer #4 · answered by frederic 3 · 0⤊ 0⤋
She needs to keep a log and she also needs to report this to the state HR division. Her supervisor is violating FEDERAL LAW.
2007-07-01 14:27:58 · answer #5 · answered by professorc 7 · 1⤊ 0⤋
Talk to her supervisor's supervisor, find out where to file a complaint. Get lots of statements from witnesses.
2007-07-01 14:26:29 · answer #6 · answered by SapphireSeaFairy 3 · 0⤊ 2⤋
tell her to contact your state labor board, seek the advice of an attorney, and be prepared to lose her job and end up in court.
2007-07-01 14:19:57 · answer #7 · answered by jokesonyou7 2 · 1⤊ 0⤋