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not getting paid for my work - 11/23/2008 9:32:28 PM
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SailorPizza
Posts: 22
Joined: 7/30/2005
Status: offline
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I'm hoping this should be in the financial section, if not could a mod please move it to the right place.
My boss is cutting out hours that I work. Example. I come in 15min before my shift. We are really busy, so I clock in and begin working. At the end of the week, he goes over the hours, and decides that I didn't need that 15min, so he removes it and I don't get paid for it.
I am not riding the clock, I'm not comming in early for extra time or hours. But there are times I end up staying over or comming in early (sometimes at my boss' request) then he takes the time away from me. A few weeks ago one of the managers went out of town. (I'm one of 3 shift managers) So me and the other manager had to cover, I went over 40 hours. I have proof of the hours I worked. My paycheck was for 39 hours. I know this is wrong, but I have no Idea how to battle it, or even where to start looking or asking for help to confront him about this. If anyone can provide any help, I would greatly appriciate it. Thanks in advance.
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RE: not getting paid for my work - 11/23/2008 11:53:17 PM
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blessedinnyc
Posts: 2020
Joined: 10/12/2007
Status: online
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quote:
ORIGINAL: SailorPizza
I'm hoping this should be in the financial section, if not could a mod please move it to the right place.
My boss is cutting out hours that I work. Example. I come in 15min before my shift. We are really busy, so I clock in and begin working. At the end of the week, he goes over the hours, and decides that I didn't need that 15min, so he removes it and I don't get paid for it.
I am not riding the clock, I'm not comming in early for extra time or hours. But there are times I end up staying over or comming in early (sometimes at my boss' request) then he takes the time away from me. A few weeks ago one of the managers went out of town. (I'm one of 3 shift managers) So me and the other manager had to cover, I went over 40 hours. I have proof of the hours I worked. My paycheck was for 39 hours. I know this is wrong, but I have no Idea how to battle it, or even where to start looking or asking for help to confront him about this. If anyone can provide any help, I would greatly appriciate it. Thanks in advance.
I think there are federal and state labor laws on this kind of an issue, and the penalties can be pretty severe. These aren't penalties that you should wish on your boss, though, so I think the first step is just to try and address this with your boss. When he asks you to come in early or stay late, ask him if you'll be credited with the time and inform him when it looks like you'll work more than 40 hours.
If he still keeps doing this, remind him that he has a duty to credit you with the time you worked under state and federal law (google is your friend here.) If he lays you off, you can take him to court to get your job back along with damages.
Just remember to keep documenting, documenting, and documenting.
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RE: not getting paid for my work - 11/24/2008 9:24:38 AM
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Row1
Posts: 251
Joined: 12/2/2005
Status: offline
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depending on your job security, it can be touchy to just go confront the boss like some people are saying.
ya gotta be strategic with this idea.
at the same time:
i would be looking for another job. if you happen to find one, and you resign from this one, and they ask you why, then just tell them.
if there is a great potential in this job to move up and have a position in the future that you really want, or get very valuable experience, then this may be a time to "pay your dues," and allow yourself to get cheated in order to open up future possibilities. my first job once i got out of college was terrible to begin with, and not very fair at times including being outside the law, but the experience was incredible, and it has paid off.
i don't really resent my bosses there -- i stayed there on my own free will, til i got burned out by the work demands, resigned, and delivered pizzas for a while.
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RE: not getting paid for my work - 11/24/2008 10:20:17 AM
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relady
Posts: 1219
Joined: 4/11/2005
From: Greater St. Louis Metro
Status: offline
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There are a couple of questions I have - you say you are a shift manager. Are you really a manager, a salaried employee or do you actually punch a clock and get paid hourly? It can make all the difference in the world as to whether your boss must pay you overtime for your extra time.
That being said, i echo the others here. This is a serious issue. If he is altering your hours, that is a serious offense, as long as you are an hourly employee. Very serious. And yes, you could probably get him in a LOT of trouble.
If it were me and it were possible, I would find another job and then report him. Because he DOES need to be reported if he is doing this consistently to his employees.
Best of luck to you!
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RE: not getting paid for my work - 11/24/2008 2:57:43 PM
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SailorPizza
Posts: 22
Joined: 7/30/2005
Status: offline
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quote:
There are a couple of questions I have - you say you are a shift manager. Are you really a manager, a salaried employee or do you actually punch a clock and get paid hourly? It can make all the difference in the world as to whether your boss must pay you overtime for your extra time.
Yes I am a Shift Manager. I have all the duties and responsibilities. I am however NOT paid for this extra responsibility. I make minimum wage just like everyone else in the store. (I work in a Pizza Place). I have asked and repeatedly told my boss that putting myself and the two other managers on salary would end all worry and concern about us going over 40hrs, and allow us to be there when ever we are needed to cover shifts. He absolutly will NOT pay us over 40. The few times I know I went over, my paycheck was for 38.7 hrs. I have access to all the paperwork he sends to payroll. I will be looking at it and making copies. (can I do that?)
I have also started keeping the reciept that prints out when I clock in and out.
He is doing this to other employees.
I don't wish any severe punishment on him. I need to confront him. I do want all my proof and paperwork together before I do. He is the type to destroy it before anyone can see it.
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RE: not getting paid for my work - 11/24/2008 4:55:20 PM
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BlueAdept
Posts: 95
Joined: 4/18/2005
Status: offline
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This type issue is a very difficult one to handle.
You know your boss better than any of us do. I would sugguest you sit down with him and ask him to explain why he is making the deductions. He is very likely in voilation of the law. I would check the federal government web site on the rules for overtime pay. Normally as a manager you would not be eligiable for overtime pay, however you have to have hire and fire power over employees 2 minimum.
From what you have said, it sounds like you are basically just another "employee" at the business. If after meeting with your boss and reviewing the following page, you may decide that you need to report him to the approprate authorities. I am guessing he is cheating you out of money due you.
The penalties for violating the law are pretty stiff, and he will not be happy about being hit with them.
While I don't like taking this approach in most cases, I do think there are times when you have to let the chips fall. You may also want to see if your state has a different provision relating to overtime.
http://www.dol.gov/compliance/guide/minwage.htm
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RE: not getting paid for my work - 11/24/2008 4:56:12 PM
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blessedinnyc
Posts: 2020
Joined: 10/12/2007
Status: online
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Does your boss own the establishment? Or is there someone else above him?
Perhaps one other step to take would be to confront your boss and threaten to take it to the higher-ups if he doesn't start paying you for your time- assuming you're comfortable with the amount of proof you have. This would save you the work of hiring a lawyer and reduce the risk of your termination. He wants to keep his job, you want to keep your job, and you just want to be paid for the time you work.
Also, this page gives some information about how the FLSA is enforced:
http://www.dol.gov/elaws/esa/flsa/screen74.asp
Note that complaints can be filed confidentially.
< Message edited by blessedinnyc -- 11/24/2008 5:13:34 PM >
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RE: not getting paid for my work - 11/24/2008 7:06:58 PM
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pbaribeault
Posts: 1104
Joined: 4/29/2005
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I might be misunderstanding, but it seems to me, that, while they ask you to accomplish certain responsibilities, they have not (in most of these situations) said, specifically, "Sally, you're not on for another 15 minutes, but please clock in and start now." or "Please don't leave at the end of your shift today -- I have more that I need you to do."
If you are not specifically asked to work beyond your schedule, you are volunteering. That you feel interpersonal pressure and the pressure of your own work ethic pressing you to volunteer, that does not change that you are freely choosing to work beyond your scheduled time. It seems to me that working when you were not asked to work, then expecting to be paid for it is not exactly ethical, whether it's 15 minutes or a whole shift.
(What would you think of someone who just showed up for an entire unscheduled shift, because he thought the place needed him? That would be absurd, right? Nobody would pay him for that.)
I'd advise simple boundaries. Like, "I can see that we are busy, but it I've been specifically told not to start work before my scheduled time. Sorry." Or, "I need to apologize, but there was not enough time assigned to me on the schedule for me to keep the place running well and do my administrative tasks. I will attend to those tasks at my first opportunity during a paid shift."
If you are actually asked to do extra work (by someone who has the authority to ask you) say, "You know that will put me over 40 hours this week, so are you sure you want me to? If you are telling me to do it, I expect to see it on my pay check, or maybe you'd prefer that I work a shorter shift tomorrow to make up for it."
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RE: not getting paid for my work - 11/24/2008 8:33:04 PM
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iluvatar
Posts: 2023
Joined: 4/12/2005
Status: online
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Your boss sounds like a cheapskate who doesn't know how to run a business and would rather nickle-and-dime everybody than actually invest in staff. Get all your documentation, confront him once and if he doesn't fix it, go to the authorities. If somebody was stealing from him, he'd call the cops, wouldn't he?
-Dan.
_____________________________
Well, I've been to one world fair, a picnic, and a rodeo, and that's the stupidest thing I ever heard come over a set of earphones.
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RE: not getting paid for my work - 11/29/2008 12:40:57 AM
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Mammoo
Posts: 20
Joined: 8/5/2005
Status: offline
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If the pizza place is a national chain, please call human resources and report this. If you can reconstruct the days and times in which your boss shorted you, it will help. My daughter worked at a game store and had to go to HR to get some unpaid wages, and HR was more than ready to make things right. That said, if you don't work for a chain, or if HR won't help, please google the labor department of your state and find out what the laws are in your state.
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RE: not getting paid for my work - 11/29/2008 2:47:44 PM
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creationtalk
Posts: 703
Joined: 6/9/2005
Status: offline
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quote:
ORIGINAL: pbaribeault
I might be misunderstanding, but it seems to me, that, while they ask you to accomplish certain responsibilities, they have not (in most of these situations) said, specifically, "Sally, you're not on for another 15 minutes, but please clock in and start now." or "Please don't leave at the end of your shift today -- I have more that I need you to do."
If you are not specifically asked to work beyond your schedule, you are volunteering. That you feel interpersonal pressure and the pressure of your own work ethic pressing you to volunteer, that does not change that you are freely choosing to work beyond your scheduled time. It seems to me that working when you were not asked to work, then expecting to be paid for it is not exactly ethical, whether it's 15 minutes or a whole shift.
If you are actually asked to do extra work (by someone who has the authority to ask you) say, "You know that will put me over 40 hours this week, so are you sure you want me to? If you are telling me to do it, I expect to see it on my pay check, or maybe you'd prefer that I work a shorter shift tomorrow to make up for it."
The part in bold is true. I worked a job where it regularly took more than my "allotted" time to do the job. I was refused overtime/comp time for extra hours worked because all overtime has to be approved in advance. I was staying and finishing the job anyway because I felt it was important...but finally I got fed up and went in and talked with the technical director. I told him what was going on, and asked if it was more important for the job (critical) to get done or me to not work overtime. He told me when it was time for me to leave, if the job was not finished, I was to call my supervisor and tell him that it was time for me to leave, it would take me X more hours to finish. Did he want me to work overtime to complete the job? If he said no, I was out the door. If he said yes, I was compensated for my time.
If you arrive at work before it is time for your shift, sit at the counter until your shift starts. If you are entitled to a lunch break of some time--leave the premises (even if you sit in your car) for the allotted time. If you are asked to work beyond your scheduled time, specifically ask for overtime and get approval before you work the time.
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