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Employment Law/tampering with my electronic time sheet

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Question
Hi, I have a boss that is not titled to give us overtime and this current time. But I work in 2 different. Buildings and the hours very. I work overtime but she she is strict on not givi.g me overtime or anyone for that matter. I know I have worked more then 40hrs a week and I caught it this pay period and she has been cutting my hours down that I have worked or she will erase one of my payed 15 min breaks so it goes for a long period of time so that I lose hours if that makes sense. Just trying to figured out. How I can prove that she's doing that. They have cameras but not sure if they record weeks at a time. Pleas let me know thanks, Josh

Answer
Hi Joshua,

It is illegal not to pay overtime. This employer is stealing money from you in denying you time you have worked. This is a violation of the Fair labor Standards Act. What you should do is write down your time every day when you start, when you go to break, when you come back, when you go to lunch when you come back and when you go home for the day. Keep a log of this time in a small notebook. If your time is wrong than challenge it and if you are not paid the time you work take it to your HR person or whomever is the boss over your boss. If you still do not get paid the time you work than file a claim for unpaid time with the Department of Labor and a violation of the FLSA. You will need the logbook to prove the times you have worked.

There is also an app you can download on your I-phone from the Department of Labor where you can check in and out on your phone.
This is for the I-phone https://itunes.apple.com/us/app/dol-timesheet/id433638193
They do not have it for the android yet.

Shirley  

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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