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Post by WCWA Online on Oct 25, 2009 10:34:43 GMT -5
Legally, they're required to give you a lunch. If you're over 18, then they don't have to give you poop in Indiana as far as breaks go. However they have to pay you for every second you work. I'd go after them for back pay. yeah, Indiana ing sucks in that way. Many times, shifts go 8-10 hours without a pause..
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Post by CM Poor on Oct 25, 2009 13:40:01 GMT -5
Sorry, no lunch, I just work straight through the shift, there's no clocking out until I leave. Legally, they're required to give you a lunch. Not in all states. An employee in NH can work an uninterrupted shift if they are authorized by their employer to eat while on the job, and the job makes it possible to do so. It's actually a rather common thing with gas stations around here. If that were the case, then yes, he's definitely got legal issues on his hands with the doctoring of his time cards.
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Post by Mike Bockwinkel on Oct 26, 2009 11:55:11 GMT -5
from: www.dol.gov/compliance/guide/minwage.htmPenalties/Sanctions The Department of Labor uses a variety of remedies to enforce compliance with the Act's requirements. When Wage and Hour Division investigators encounter violations, they recommend changes in employment practices to bring the employer into compliance, and they request the payment of any back wages due to employees. Willful violators may be prosecuted criminally and fined up to $10,000. A second conviction may result in imprisonment. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to civil money penalties of up to $1,100 per violation. When the Department of Labor assesses a civil money penalty, the employer has the right to file an exception to the determination within 15 days of receipt of the notice. If an exception is filed, it is referred to an Administrative Law Judge for a hearing and determination as to whether the penalty is appropriate. If an exception is not filed, the penalty becomes final. The Department of Labor may also bring suit for back pay and an equal amount in liquidated damages, and it may obtain injunctions to restrain persons from violating the Act.
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Mizz Lola
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Joined on: Mar 15, 2008 21:28:47 GMT -5
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Post by Mizz Lola on Oct 28, 2009 0:24:37 GMT -5
So, take it to them. Make sure that you can get a hold of your time card so they can see that it was tampered with. Take a photo copy of it before and after. I mean your gas station has a copier? I know most here do...then make sure you copy your paystubs. Tell who you talk to every little detail about the job, even if it seems petty. I had a job do the same thing. I was scheduled 12-4 but it took a half hour to close everything. I was the only person not getting paid for that extra half hour. They tried to say that it was because I was weekend only, which uh yeah, so were the two men. Come to find out that it's because the boss was a sexiest pig who thought all the female employees had to worship him.
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Post by LeighD on Oct 28, 2009 11:00:02 GMT -5
Legally, they're required to give you a lunch. Well, don't get that either. Well, depending upon what state you live in, labor laws require some kind of break (depending on length) every X amount of hours (which also depends on where you live). Working 12 hours without a break or eating is illegal and having them write off up to two hours of you WORKING is illegal. I would asked to talk with them about these matters and honestly bring/hide a recording device to note the conversation and to tape what exactly they said. If they still don't do anything, I'd report them to the state government as they can and will get into serious trouble as long as you can prove they are doign these things. Get a bunch of your old time cards and bring them tot he state labor office if possible. They are paying you time and a half (1.5) your normal hourly wage for any time over 40 hours right?
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Post by Mike Bockwinkel on Oct 28, 2009 11:56:14 GMT -5
Well, don't get that either. Well, depending upon what state you live in, labor laws require some kind of break (depending on length) every X amount of hours (which also depends on where you live). Working 12 hours without a break or eating is illegal and having them write off up to two hours of you WORKING is illegal. I would asked to talk with them about these matters and honestly bring/hide a recording device to note the conversation and to tape what exactly they said. If they still don't do anything, I'd report them to the state government as they can and will get into serious trouble as long as you can prove they are doign these things. Get a bunch of your old time cards and bring them tot he state labor office if possible. They are paying you time and a half (1.5) your normal hourly wage for any time over 40 hours right? The closest I come to a lunch is that I just buy snacks that are available in the store,and eat that when I can. No real "break" in the legal standpoint, but we're 24-7, we don't close, if someone comes in, I gotta stop and serve them. Still, that doesn't make the doctoring of the timecards right or legal. No over time pay. When I'm about to get 40+ hours, I don't clock in or out, I write my time on a peice of paper and attach it to the timecard. This week is the first time this will happen, but I can almost bet you that they will write a different time on there too. But everyone in here is totaly right on saying that I need to talk to someone. I'll keep you all updated as things progess.
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Mizz Lola
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Joined on: Mar 15, 2008 21:28:47 GMT -5
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Post by Mizz Lola on Oct 28, 2009 13:37:23 GMT -5
Well, depending upon what state you live in, labor laws require some kind of break (depending on length) every X amount of hours (which also depends on where you live). Working 12 hours without a break or eating is illegal and having them write off up to two hours of you WORKING is illegal. I would asked to talk with them about these matters and honestly bring/hide a recording device to note the conversation and to tape what exactly they said. If they still don't do anything, I'd report them to the state government as they can and will get into serious trouble as long as you can prove they are doign these things. Get a bunch of your old time cards and bring them tot he state labor office if possible. They are paying you time and a half (1.5) your normal hourly wage for any time over 40 hours right? The closest I come to a lunch is that I just buy snacks that are available in the store,and eat that when I can. No real "break" in the legal standpoint, but we're 24-7, we don't close, if someone comes in, I gotta stop and serve them. Still, that doesn't make the doctoring of the timecards right or legal. No over time pay. When I'm about to get 40+ hours, I don't clock in or out, I write my time on a peice of paper and attach it to the timecard. This week is the first time this will happen, but I can almost bet you that they will write a different time on there too. But everyone in here is totaly right on saying that I need to talk to someone. I'll keep you all updated as things progess. They have to allow you two have food, real food at your station. I worked in a 24/7 grocery store and our overnight cashier was allowed to keep her lunch box under the register and eat when she saw fit. You can't be that busy that all they allow is a snack. Plus, I am certain most customers would agree that you need to eat properly. Doctoring time cards is still fraudulantly regardless of your food. If the shoe was on the other foot you best believe you would have been fired.
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Deleted
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Post by Deleted on Oct 28, 2009 15:08:03 GMT -5
it's illegal & even if it's 10 minutes, they add up fast
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Post by Mr. Show on Oct 28, 2009 23:17:18 GMT -5
Yes. Call J.G. Wentworth.
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Post by katphishjake on Oct 28, 2009 23:48:42 GMT -5
Well, don't get that either. Consult the state labor board. Be prepared to be unemployed if/when they find out you reported them. You may have to take them to small claims for the back wages, but you'll need proof you were there. Old time cards will likely work. There are civil charges here for sure and possibly criminal as well. Again, prepare to be unemployed if you sue them. Consult the state labor board and maybe even the Better Business Bureau. I'm only a lawyer on WFIGs so this is the best advice I can give you. as far as i know, and i could be completely wrong, breaks are dependent from state to state. and if he is getting a break, even though he said he isn't, it could also be a paid break as opposed to an unpaid one. there's a lot at work here, i'd really contact a local official or BBB with your probes as to whats going on at your job, because above all else not paying you for the actual time you are there is illegal... that is, unless you're on salary, which i highly doubt working in a gas station.
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Post by Mike Bockwinkel on Oct 29, 2009 11:45:10 GMT -5
All I gotta say is it's alot less fun than Dante and Randal make it look
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Deleted
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Post by Deleted on Oct 29, 2009 12:01:33 GMT -5
idk sounds illegal to me
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Post by Mike Bockwinkel on Oct 30, 2009 11:50:53 GMT -5
Update for today: I went in to get my check last night, and they're still doing it. I think if I put it through the copier if I ever got my hands on it, that it wouldn't show the handwriting over the actual clock out time, since its so small.
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Post by Hulkamaniac on Oct 30, 2009 11:59:20 GMT -5
Update for today: I went in to get my check last night, and they're still doing it. I think if I put it through the copier if I ever got my hands on it, that it wouldn't show the handwriting over the actual clock out time, since its so small. Have a cell phone? Take close up pics.
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Mizz Lola
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Post by Mizz Lola on Oct 30, 2009 13:00:31 GMT -5
Update for today: I went in to get my check last night, and they're still doing it. I think if I put it through the copier if I ever got my hands on it, that it wouldn't show the handwriting over the actual clock out time, since its so small. you should be able to magnify
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Post by spawnsyxx9 on Oct 30, 2009 17:53:03 GMT -5
Update for today: I went in to get my check last night, and they're still doing it. I think if I put it through the copier if I ever got my hands on it, that it wouldn't show the handwriting over the actual clock out time, since its so small. Call human resources.
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Mizz Lola
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Joined on: Mar 15, 2008 21:28:47 GMT -5
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Post by Mizz Lola on Oct 30, 2009 23:34:49 GMT -5
Update for today: I went in to get my check last night, and they're still doing it. I think if I put it through the copier if I ever got my hands on it, that it wouldn't show the handwriting over the actual clock out time, since its so small. Call human resources. Chances are human resources are there...they are the ones doctoring his time card. A lot of gas stations are franchised, at least in PA. Human resources generally is the owner.
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