Okay, I have been at a big company 6 years. It was explained to me when hired we work 8 hrs and they automatically take .5 for lunch. I have a weird job and you really cannot take ur lunch. The hr person explained to us and the boss that they only pay for 7.5 hrs a day, I have been ripped off for 6 years, what can i do.
I dont want to go demand back pay, but its like $12,000.
Please help what can i do?
2007-07-23 10:27:07 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It was not policy, my boss screwed up and told us the wrong thing!
2007-07-23 10:51:18 · update #1
If you are working 8 hours a day and only being paid for 7.5 that is against the law. However, if you are taking a break and they simply deduct that from your total hours that is okay.
If you are truly concerned I would contact the dept. of labor... they will audit the company and determine whether or not you are owed money.
2007-07-23 10:31:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
a few questions- one where do you live? I know that in some states you are not required to take a lunch nor get paid for it. you might want to look that up. Now from what i got you don't take lunch and they still take the time out? If this is right, that if you go to ask for the money in back pay all they have to say is " well, you should have told us or you should have taken your half hour". Waiting 6 years is a little long to go without lunch break. I would look up the laws and the contact a lawyer for their opinion. But understand this, if the lawyer THINKS YOU HAVE A CASE, YOU WILL PROBABLY GET FIRED FROM YOU JOB. not ABOUT THIS AND NOT UNTIL YOU have settled this matter. But at some point after this they might label you a problem maker and end your employment with that company. Now if you don't care and fell it is time to move on, then don't sweat it. On the other hand if you like your job then i would just not worry bout the past and start taking lunch. weather they like it or not! p.s. sorry about the caps, i did'nt look up.
2007-07-23 10:38:35 · answer #2 · answered by luciabella37 2 · 0⤊ 0⤋
I'd say that the best way to get the most money back is class action.
Go see a lawyer that specializes in this area, get together with other employees that have been ripped off and sue the company.
Bare in mind that you will need proof. So if you can get something in writing from the boss or HR, but first try the tape recorder before you talk to them about anything.
they might get cautious if you ask questions first.
2007-07-23 10:41:12 · answer #3 · answered by Anonymous · 0⤊ 1⤋
You've gone 6 years not taking your lunch and still getting deducted for it? Wow!
If you signed your payroll then you are kind of stuck since you just agreed that all was correct with your check.
Soooo...you can take your lunch everyday or refuse to sign payroll until the adjustment is made.
They are stealing from you and you should stop it. If you were getting paid for a lunch you took they would make a big stink so make one back!
2007-07-23 10:37:19 · answer #4 · answered by Slim 2 · 0⤊ 0⤋
I implement time collection systems. Like the clock that you use to punch in and out of each day. I frequently program the clock to auto-deduct a lunch if people don't punch for lunch. Typically, when people punch for lunch it is overridden, and the auto deduction is not taken.
If you take a shorter lunch, punch out and back in. It might work.
Each person is assigned a pay rule. If your job is special, they should assign you a special pay rule where the auto lunch deduction is not taken. That is easily programmed into the software/clock
In terms of getting back pay, this is something that you should have taken up with your employer 6 years ago when you got your 1st check. You should at least straighten this out going forward by explaining your situation to your boss and the HR department. You might run into trouble getting back pay on this unless you quit and take them to court.
2007-07-23 10:35:21 · answer #5 · answered by mark 7 · 1⤊ 1⤋
I'm surprised that it took you six years to notice this. But federal labor laws require that if you work during your lunch break, you must be paid for it; and lunch is not considered "relief time" as defined by law if you work through it. If they do not want to pay you for your lunch time, then you are not required to work through it. Period. And it is the company's responsibility, not yours, to find someone else to relieve you of your job if you need to take an unpaid lunch period.
2007-07-23 10:46:35 · answer #6 · answered by Vangorn2000 6 · 0⤊ 0⤋
Oh, baby, I can see you getting millions in damages if, as you said,
it is a Big company,
you can show that not taking lunch break was not voluntary,
show that you actually worked or was at least compelled to be present at your workstation during lunch break.
Go baby, go. Sue the pants off that company.
If you do, and get a fat settlement, I could be persuaded to accept consultancy fees.
2007-07-23 10:37:34 · answer #7 · answered by penjoy 3 · 0⤊ 1⤋
Tell them that you understand that it's hard to fit a lunch hour into your schedule but you are willing to compromise. You'll either come in 30 minutes later or leave 30 minutes earlier, whichever is more convenient.
2007-07-23 10:30:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You knew the policy when you were hired. If you chose not to take a lunch break, that is your problem.
You have no case for back pay.
2007-07-23 10:41:25 · answer #9 · answered by Anonymous · 1⤊ 0⤋
You were informed of the situation so you needed to make it your mission to not work for 1/2 hour a day. I don't know what else to tell you they don't owe you money when you willingly worked for free.
2007-07-23 10:30:08 · answer #10 · answered by John96 4 · 1⤊ 0⤋