What are the penalties and my legal options for my employer editing my time clock?
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What are the penalties and my legal options for my employer editing my time clock?
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I currently manage a family owned restaurant and recently noticed that mine and another employees clock-in/clock-out times had been edited by the owners so that we did not reach overtime hours. The hours subtracted are small but money still matters. What are my options for legally persuring this? What are the penalties for the employer? All of this has happened in Oklahoma, so what agency in the state handles these types of problems? I have suspected this has happened before but haven't been able to prove it until now. Any suggestions would be greatly apprecitated.
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eringobraghless
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If you can document it, you take it to the Labor Board. It is a serious offense. A successful investigation can result in your money being paid to you, sometimes with interest, and your employer will be fined. If you worked for a large chain, all the restaurants would be audited, and the fine would be levied on all violations. In a small place, it will extend to all employees who have been shorted. |
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leysarob
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Just as a precaution, make sure you are not "playing" with the time clock to garner overtime pay ... waiting and watching the clock, then clocking in seven minutes early, out seven minutes late to gain an extra 30 minutes.
If you're not guilty of that, if you are truly working all the time that shows on the time clock, then your employer is guilty of violating FLSA. You can report the employer to the Oklahoma Department of Labor. http://www.ok.gov/odol/Wage_and_Hour/index.html
Weigh this carefully considering the current economic situation -- is it worth the few minutes they are taking away to risk losing your job? Likely they will not retain you if you report them. Of course, the other side of this -- you have to ask yourself if you want to continue to work for someone who would "steal" time and money from you. |
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rwa000
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when you say small hours, do you mean clocking in 10-15 minutes before you start or after? if it does it is called casual overtime and can be edited |
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