Time clock hours don't count
Our company has a policy of rounding all time clock entries by 10 minutes in their favor. So, all of us could be donating as much as 20 minutes each day to the company. It really becomes a problem when you are trying to make up lost time. Also, we are NEVER paid overtime for hours worked on the clock, unless we can get a manager to submit a claim form for us. As it stands, the company is making out pretty well. Isn't a time clock an implied contract that they should have to base our pay on?
1 answer | asked Nov 13, 2006 4:19 PM [EST] | applies to Ohio
Answers (1)
You and your co-workers appear to have valid overtime claims
The overtime law requires your employer to do 2 things:
1. Pay you for all hours worked over 40 each week; and
2. Keep an accurate record of all of your hours worked.
It sounds like your employer is violating both rules.
If you can prove that your employer's hours are not correct, which you would do simply by keeping your own notes of the hours you work, then the log of hours that you work is considered the correct reocord of your hours worked for an overtime claim. The same is true for your co-workers.
Call me or email me at Neil@fklaborlaw.com if you want to discuss pursuing this. In particular, how long has your employer been cheating you, how many hours each week, for how many employees and at what rate of pay?
I can give you a good idea of what you could recover if you provide that information.
Regards,
Neil.
posted by Neil Klingshirn | Nov 14, 2006 10:00 AM [EST]
The overtime law requires your employer to do 2 things:
1. Pay you for all hours worked over 40 each week; and
2. Keep an accurate record of all of your hours worked.
It sounds like your employer is violating both rules.
If you can prove that your employer's hours are not correct, which you would do simply by keeping your own notes of the hours you work, then the log of hours that you work is considered the correct reocord of your hours worked for an overtime claim. The same is true for your co-workers.
Call me or email me at Neil@fklaborlaw.com if you want to discuss pursuing this. In particular, how long has your employer been cheating you, how many hours each week, for how many employees and at what rate of pay?
I can give you a good idea of what you could recover if you provide that information.
Regards,
Neil.
posted by Neil Klingshirn | Nov 14, 2006 10:00 AM [EST]
Answer This Question
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500