Anonymous
Anonymous asked in Business & FinanceCareers & EmploymentLaw & Legal · 2 months ago

hours being adjusted so employer doesnt have to pay overtime?

I am a supervisor at a store and on multiple occasions i have been asked to adjust someones punches so they wont have overtime(i always refuse). Lets say someone worked 45 hours because they were called in, Management will remove 5.5 hours so the employee is only paid for 39.5 hours. The employee has no say in the matter, most of the time they don t even tell the employee that they are doing so and if employee says anything they just say overtime isn t allowed. So that employee pretty much worked 5.5 hours for free.

What can i do about this?

Can i even do anything at all? (I feel bad and know this isn t okay)

(I watch my hours closely so i don t endup with over time and working for free)

Update:

The employer asks the associate to stay and work knowing it will put that associate in overtime but the employer takes the time off tge employees punch so they dont go over 40 employer doesnt say anything to the employee about them going into overtime or even them taking the hours away

15 Answers

Relevance
  • Anonymous
    1 month ago

    That's a pretty clear case of wage theft.

    • Commenter avatarLogin to reply the answers
  • 2 months ago

    I'm going to guess there's a little more to this.  I worked one place that had a duplicitous thing like this going, and it worked like this:

    Certain employees worked 35 - 37.5 hours in an ordinary week. Then Christmas season came along, and maybe they worked 45 hours a week. Rather than get the overtime and pay more taxes, they went along with management, got paid for 40 hours. In the weeks after Christmas, continued to be paid for 40 hours until they had been paid for their extra hours. No, it's not legal. The company wanted it that way, and the *employees agreed to it.*

    There's not a damn thing preventing any employee at your company from going to the state labor board or applying for a job elsewhere. When what you described happened to me (the second time) I showed up at the HR office with a copy of my original time slip, and said, "The time card I turned in better still look like this. If it doesn't, the Bureau of Labor Standards will be my next phone call." HR just thought I knew what THEIR SOP was, (adding hours to my subsequent weeks to add up to 40, until I was paid back)

    You don't have to go along with it and do it. If fact, I think it's smart not to get caught doing something like that. I would be very careful in ratting it out, because the employees agreeing to this may have motivations of their own.

    My husband worked in a place that allowed employees working overtime to just keep track of the hours and tag them onto their vacation time. Worked out great - if you were flying someplace and wanted to leave Thursday instead of Friday night or Saturday, and take the entire next week and weekend, you could. Then somebody bitched about it. Overtime then had to be paid in the next check, or comp time taken within two weeks. No more ten-eleven day vacations. People were furious. One person griping ruined what had worked well for most of the others.

    • Commenter avatarLogin to reply the answers
  • L
    Lv 4
    2 months ago

    This is ILLEGAL!!!!!!!!!!!!!!!  Management needs to be fired!

    • Commenter avatarLogin to reply the answers
  • 2 months ago

    If the overtime was not pre-approved, then the employee is not entitled to the overtime pay.  Do what the employer tell you to do.  However, if you suspect that it was approved and the employer is trying to rip off the employee, ask the employee if his overtime was approved.  If it was not, then fine.  If it was, then you can't do anything about it.  It would be up to the employee to report it to the Dept. of Labor and ask for their help in getting paid what they are rightfully owed.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
    • ...Show all comments
    • SomeGuy092 months agoReport

      That is not true at all several employers have been sued for class action for making people work OT off the clock. This is no different. 

    • Commenter avatarLogin to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • Judy
    Lv 7
    2 months ago

    Highly illegal, and yes you can report it to your state dept of labor.

    • Commenter avatarLogin to reply the answers
  • 2 months ago

    Report it to your state's labor board

    https://www.dol.gov/agencies/whd/state/contacts

    • Commenter avatarLogin to reply the answers
  • Anonymous
    2 months ago

    A little mouse needs to tell the employees to keep their own time records and file a dispute with the company (and state labor department) if the company refuses to pay them what they are owed.

    If it's just this one supervisor telling you to do this, consider going over their head.  There are two egregious behaviors going on here both of which are deserving of termination:  falsifying time records and illegally refusing to pay employees what they are owed.  Hopefully those above this supervisor would not endorse such behavior.

    "Management will remove 5.5 hours so the employee is only paid for 39.5 hours."   Be careful about stating this as fact unless you have personally witnessed it.   If you have witnessed it you need to report it because not reporting a crime in the workplace can lead to bad things.

    The world is full of scumbags.  They deserve to get what's coming.

    ETA:   "management will go behind me the next day or whenever he works and remove the time"   As I said, be careful of stating things as fact when you haven't witnessed it.    Someone is doing it behind your back - you've witnessed nothing.

    • ...Show all comments
    • a2 months agoReport

      You might ask the employees why they aren't going to the state labor board about this. 

    • Commenter avatarLogin to reply the answers
  • A
    Lv 7
    2 months ago

    This is against the law, report it to the labor board

    • Commenter avatarLogin to reply the answers
  • 2 months ago

    Discuss this with HR/Corporate.  Find out if this is their general policy or some mid-level manager being stupid. File a complaint with your state labor board.  If you feel strong enough about it, tell everyone at your store to watch their hours carefully and file a complaint if they feel they are being cheated.  Document everything you do very carefully including your overall performance.  If you are retaliated against, you'll want to be able to show a trail.

    • Commenter avatarLogin to reply the answers
  • Eva
    Lv 7
    2 months ago

    They have to have a written policy about no unauthorized overtime in order to deny hours, but if someone has OT because they were called in, that's authorized. You can file an anonymous complaint with the state labor dept. and they will come in and audit the company.

    • SomeGuy092 months agoReport

      That isn't true. If they knew people were working on the clock and later deducted the hours they will be fined for back pay, time card manipulation and wage theft. 

    • Commenter avatarLogin to reply the answers
Still have questions? Get your answers by asking now.