At my current job, most of the employees are part-time workers, and they try to schedule us to under 30 hours for the week. A lot of times we are called in for additional hours which sometimes puts us over 40 hours for the week. However, instead of logging in (via company intranet) they have us fill out "mis-punch" forms for the additional hours. They do this to avoid paying us anything additional to our normal pay if we surpass 40 hours for the work week. Is this legal? This is a huge corporation, although Im not sure if the whole company condones this or if just the store I work in does so. If this is illegal, what actions can I take or who, outside of the company, should I speak to? Is there anyway to get any pay from the past weeks that I worked over 40 hours?
Thanks, and if your an employment lawyer please let me know when responding.
2007-09-27 14:52:20 · 8 answers · asked by kham83 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Is not legal under US laws unless it's agriculture or fishing.
2007-09-27 15:00:31 · answer #1 · answered by I Speak the Truth 5 · 0⤊ 0⤋
The Fair Labor Standards Act requires most employers to pay overtime at time and a half. If you are punching a clock your are an hourly employee entitled to the pay. What they are asking you to do is probably illegal. I suspect the manager in your store is not aware of this law as most large businesses prefer to follow the law rather than face the problems non-compliance incurs.
Google the law. Give a copy to your boss. If s/he refuses to follow, see if you can talk to the regional manager or corporate HR about it. Even if you are required to complete the form, use the time clock at the beginning and end of each work session. If the regional manager and/or corporate HR does not immediately correct the problem including back pay, call the U. S. Department of Labor.
Uncle Sam is very stringent about this law and takes swift action.
2007-09-28 09:50:20 · answer #2 · answered by butter1944fly 3 · 1⤊ 0⤋
Visit www.dol.gov and find an office nearest to you. File a wage and hour violation claim; they will pursue it on your behalf for free.
You are correct, in most industries (including retail) you must be paid OT for hours over 40 worked in a week. What they are doing is illegal. They wouldn't be the first huge company to get into a class action suit for wage and hour violations - WalMart, anyone?
2007-09-28 14:39:33 · answer #3 · answered by Mel 6 · 0⤊ 0⤋
This depends if you are an exempt person or non-exempt. Generally exempt employees are not paid OT. Non exempt are paid OT for hours over 40. If you are a part of a union you could be entitled to overtime for all hours over 8 in a work day.
2007-09-27 22:06:58 · answer #4 · answered by Larry L 2 · 0⤊ 0⤋
to have an employee fill out mis-punch forms is a felony for them; not you.
blow the whistle on them and
find an ethical employer.
2007-10-01 19:52:37 · answer #5 · answered by kemperk 7 · 0⤊ 0⤋
Not legal for hourly workers in the U.S. Wal-mart was sued over this not to long ago.
2007-09-28 02:31:41 · answer #6 · answered by sbyldy 5 · 0⤊ 0⤋
This forum is for questions about the legal profession.
This is not a forum for free legal advice.
2007-10-01 19:02:30 · answer #7 · answered by JJ 4 · 0⤊ 0⤋
You get when you pay for soliciting legal advice.
I'm guessing the answer is "it depends."
2007-09-27 22:32:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋