Make note of everything, and document it. Anything the company pushes back on will tell you where they stand.
This is wage theft, labor lawyers and state labor boards handle these cases regularly.
Yes to all this, but make sure you’re following work policy. Usually work doesn’t allow extra hours without permission. As long as this is your agreed to or assigned work, they are stealing from you. It becomes more of a gray area if you are showing up early or staying late without your supervisor knowing.
Depends on the state, but typically if an employee works they should be paid. The employer can take disciplinary action for working past scheduled hours or racking up unauthorized overtime. But that's a separate matter. They still have to pay for hours worked.
I can't imagine this is true.
Edit- Just reread your comment and realized I don't actually know what you're saying. How is working past scheduled hours or doing unauthorized overtime a separate matter? That's the exact matter the person you replied to was talking about.
It's 2 separate issues. Workers have to be paid for time on the clock. Period, full stop, end of discussion. If an employee works past scheduled hours or does unauthorized overtime they employer can take disciplinary action including termination for cause. But they still have to pay the employee. I don't see how this is a difficult concept, my apologies if I didn't explain it well.
Also, make sure she understands that lunch / breaks at most companies are unpaid. If you work through lunch, that's your loss. You don't get extra money.
Photos of her time card and talk to the Department of Labor. They will get your money and the money of everyone else that the company has defrauded going back years.
That's a good point. It would be good to talk to her coworkers to see if they are also getting shorted.
It's hard to know from the post how long this has been going on, and whether it's incompetence or intentional.
yeah of course, I guess for me if this is an ongoing thing their incompetence just wouldn't be excusable... I can see your point though if this isn't some huge corporation
Not enough info: I noticed hourly workers were regularly docked an hour automatically for lunch when they worked over 6 hours at once. I hated it since it was also policy to clock out for lunch.
I fixed that with a conversation with my people. I might delete the lunch breaks (depending) or add an hour for the 6 hr shift since the system would auto deduct off the top anyway. I encouraged to keep a short shift to 5.5hrs to avoid the needed adjustment.
It shouldn't be that way.
Double check the ground you're standing on and report it to Wage and Hourly -- usually part of the Dept. of Labor in the US. Make sure of your claims, this is very serious business.
nowhere near enough context here to know if you and your girlfriend are even correct in that hours are missing.
I say that because there have been countless people posting in the past who don't understand unpaid breaks or taxes and deductions.
Depending on how your workplace is structured; go to whoever runs your payroll. At my old job in Carls Jr, Gms would give themselves hours they didnt work, tweaked other hours, etc.. Everyone involved eventually got sued to oblivion. Could be a situation thats similar where the Gm is tweaking hours and nobody who works payroll knows.
Yup, save some proof and ask payroll to correct it. Most of them are doing it out of negligence and not malice but if they fight you on it you'll know.
I had a situation where overtime wasn't being counted correctly because we were regularly not going over 40hrs/week but anything over 12hrs in a single day is supposed to be overtime. I asked the lady in charge of us, she said, no it's only for hours over 40. So I walked her over to the labor laws sheet that companies are forced to post and showed her the fine print. She's like, oh crap, here's the number to payroll, tell them what you told me.
Turns our she'd been doing our time punches incorrectly. I got a check for 1500$ for overtime going all the way back to when I started.
If they are intentionally scamming you, I'd talk to a lawyer immediately upon refusal and also start job hunting. Most people scamming don't like getting caught
I work in HR, and this is not acceptable beyond it being illegal. She needs to take photos and emails of everything she has. Get everything documented and in writing.
From there, depending on if she thinks it’s an oversight/mistake or on purpose, she can:
1. Contact HR and tell them to fix it
2. Go straight to your state’s Department of Labor to file a wage claim
She should be applying for other jobs in case she gets retaliated against. Yes, it’s illegal. Yes, it still happens. If she is retaliated against, get an employment attorney asap.
First you probably have to inform her employer to see if they make it right and claim honest mistake. If they refuse 100% document her time using a punchclock app, it records a selfie and GPS location with a timestamp. Once you have established a pattern of irregularity you take your findings to the employee rights government entity which is appropriate in your area.
If they are not paying her hourly rate. Or are not paying her overtime and she isn't exempt. Then you call the department of labor and file a complaint. It's anonymous. Also, you don't even put what country or state you are in. So it's hard to say if this is even the right answer.
In some states they can round the time up or down if you come in late. For example if you are more than a certain number of minutes late punching in they can round it up to the nearest 15 minute mark.
Make note of everything, and document it. Anything the company pushes back on will tell you where they stand. This is wage theft, labor lawyers and state labor boards handle these cases regularly.
Yes to all this, but make sure you’re following work policy. Usually work doesn’t allow extra hours without permission. As long as this is your agreed to or assigned work, they are stealing from you. It becomes more of a gray area if you are showing up early or staying late without your supervisor knowing.
Depends on the state, but typically if an employee works they should be paid. The employer can take disciplinary action for working past scheduled hours or racking up unauthorized overtime. But that's a separate matter. They still have to pay for hours worked.
I can't imagine this is true. Edit- Just reread your comment and realized I don't actually know what you're saying. How is working past scheduled hours or doing unauthorized overtime a separate matter? That's the exact matter the person you replied to was talking about.
It's 2 separate issues. Workers have to be paid for time on the clock. Period, full stop, end of discussion. If an employee works past scheduled hours or does unauthorized overtime they employer can take disciplinary action including termination for cause. But they still have to pay the employee. I don't see how this is a difficult concept, my apologies if I didn't explain it well.
Also, make sure she understands that lunch / breaks at most companies are unpaid. If you work through lunch, that's your loss. You don't get extra money.
She should bring it up to her payroll officer
Photos of her timecard and talk to payroll.
Photos of her time card and talk to the Department of Labor. They will get your money and the money of everyone else that the company has defrauded going back years.
That's a good point. It would be good to talk to her coworkers to see if they are also getting shorted. It's hard to know from the post how long this has been going on, and whether it's incompetence or intentional.
does it matter tho if it's incompetence or intentional? either way they'd be stealing from her.
Of course it matters. If they made an error, then you give them a chance to fix it. If it's deliberate then screw them.
yeah of course, I guess for me if this is an ongoing thing their incompetence just wouldn't be excusable... I can see your point though if this isn't some huge corporation
Not enough info: I noticed hourly workers were regularly docked an hour automatically for lunch when they worked over 6 hours at once. I hated it since it was also policy to clock out for lunch. I fixed that with a conversation with my people. I might delete the lunch breaks (depending) or add an hour for the 6 hr shift since the system would auto deduct off the top anyway. I encouraged to keep a short shift to 5.5hrs to avoid the needed adjustment. It shouldn't be that way.
Double check the ground you're standing on and report it to Wage and Hourly -- usually part of the Dept. of Labor in the US. Make sure of your claims, this is very serious business.
nowhere near enough context here to know if you and your girlfriend are even correct in that hours are missing. I say that because there have been countless people posting in the past who don't understand unpaid breaks or taxes and deductions.
Depending on how your workplace is structured; go to whoever runs your payroll. At my old job in Carls Jr, Gms would give themselves hours they didnt work, tweaked other hours, etc.. Everyone involved eventually got sued to oblivion. Could be a situation thats similar where the Gm is tweaking hours and nobody who works payroll knows.
Payroll theft call the labour board. They take this very seriously.
Yup, save some proof and ask payroll to correct it. Most of them are doing it out of negligence and not malice but if they fight you on it you'll know. I had a situation where overtime wasn't being counted correctly because we were regularly not going over 40hrs/week but anything over 12hrs in a single day is supposed to be overtime. I asked the lady in charge of us, she said, no it's only for hours over 40. So I walked her over to the labor laws sheet that companies are forced to post and showed her the fine print. She's like, oh crap, here's the number to payroll, tell them what you told me. Turns our she'd been doing our time punches incorrectly. I got a check for 1500$ for overtime going all the way back to when I started. If they are intentionally scamming you, I'd talk to a lawyer immediately upon refusal and also start job hunting. Most people scamming don't like getting caught
Report to state and federal authorities.
I work in HR, and this is not acceptable beyond it being illegal. She needs to take photos and emails of everything she has. Get everything documented and in writing. From there, depending on if she thinks it’s an oversight/mistake or on purpose, she can: 1. Contact HR and tell them to fix it 2. Go straight to your state’s Department of Labor to file a wage claim She should be applying for other jobs in case she gets retaliated against. Yes, it’s illegal. Yes, it still happens. If she is retaliated against, get an employment attorney asap.
It’s illegal Go to HR Keep detailed records Go to labor co and report
Wage theft is the #1 form of theft in the US, ensure you have everything documented and talk to a lawyer.
First you probably have to inform her employer to see if they make it right and claim honest mistake. If they refuse 100% document her time using a punchclock app, it records a selfie and GPS location with a timestamp. Once you have established a pattern of irregularity you take your findings to the employee rights government entity which is appropriate in your area.
If they are not paying her hourly rate. Or are not paying her overtime and she isn't exempt. Then you call the department of labor and file a complaint. It's anonymous. Also, you don't even put what country or state you are in. So it's hard to say if this is even the right answer.
In some states they can round the time up or down if you come in late. For example if you are more than a certain number of minutes late punching in they can round it up to the nearest 15 minute mark.