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Old 09-15-2009, 06:52 AM   #1
lionsiy

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Default Labor Law question (Payroll Fraud?) URGENT
Anything over 40 hours a week is overtime. You should be able to find that easily.

EDIT: To illustrate.
http://wiki.answers.com/Q/Is_overtim..._the_fist_week
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Old 09-15-2009, 06:56 AM   #2
gettoblaster

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Contact these people:

http://www.dol.gov/esa/whd/

1-866-4-USWAGE
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Old 09-15-2009, 06:58 AM   #3
DoterrFor

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Sloww, you are completely missing the point... *sigh*, nevermind.

ramseya, contact the Wage and Hour Division first thing in the morning (well, after 8:15 AM Eastern, I guess).
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Old 09-15-2009, 07:00 AM   #4
bonyclayd

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I'd counsel to probably not approach him. Especially if you fear retaliation. WHD can keep your complaint confidential.

Keep your records, call WHD. They'll probably ask you to fax that information and start an investigation against the company.
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Old 09-15-2009, 07:07 AM   #5
StevenS

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You could if you want, but the individual may realize he's committing payroll fraud.

HR could be a way to go, if you have the documentation to nail this guy... as long as you can go around him and he won't know you did it (guy in charge of payroll can always screw you over).

WHD would likely contact HR anyways. Not like the DOL hasn't gone after companies of that size for shady things .
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Old 09-15-2009, 08:41 AM   #6
qCGfQR9T

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I suggest you go to a government agency first, like Imran suggested, especially if your complaint is confidential. Your state probably has a Dept. of Labor or Labor Commissioner who'll handle these things for free.

Only then go to HR. Usually HR are the vermin dogs of management. And if management is evil and knows you're raising red flags, they'll retaliate. But if you have a complaint on file with a government enforcement agency, then you're a whistleblower.

My best guess is that management already knows what's going on. You're unit will show an astonishing high amount of "efficiency." and even a cursory glace at your department will show it's because people are working when no one's supposed to be there.

Also, contact your union if you have one.

Edit:
To find legal authority, check your state's labor code under:
Failure to pay wages
Failure to pay overtime
Failure to keep [accurate employee] records
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Old 09-15-2009, 02:03 PM   #7
elects

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He says he's an 'hourly supervisor'. Maybe he has status as a 'manager' which means overtime rules dont apply.
Except "hourly" cannotes someone who is not a manager because managers are never paid hourly.
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Old 09-15-2009, 02:40 PM   #8
Mugflefusysef

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Except "hourly" cannotes someone who is not a manager because managers are never paid hourly.
That seems correct (except for 'cannotes' of course ) but havent I seen a similar mistreatment of low level 'managers' in the fast food industry?
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Old 09-15-2009, 03:00 PM   #9
Laqswrnm

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If you are in a large company there are generally whistle blower hotlines setup in those. And, since it is a large company the labor wage laws especially apply. This is very illegal and down right nasty.
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Old 09-15-2009, 04:04 PM   #10
enencephoth

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And having gone up against the government on many occasions involving hours for hourly employees, there were no exceptions that ever helped us.
Specifics please, we get enough generalizations from the politicos.
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Old 09-15-2009, 07:21 PM   #11
Figelac

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At one auto restoration place that I helped manage, some of the crew did special projects after hours. It was a lot of hours that they did to learn and for fun. We contributed the shop materials and space for free. To avoid the hourly laws we made them quasi supervisors and then gave them a BONUS based on what the project was sold for. We reclassified them and everyone was happy since they were making extra money after hours. Eventually, as in all work places, we had a unhappy employee that ratted us out to the labor board. They came in and reviewed our practice and deemed it a violation and we had to go back and figure out what they would have made if they had been hourly.
We hadn't really put them in a supervisory position during the day. Just at night.

So after that we decided to make them sub-contractors after hours on these special projects and pay them at piece work rates. The labor board said we couldn't have them be hourly employees by day and sub-contractors at night.

To make a long story short we had to stop these special projects and the crew lost out on a lot of extra money, and lost some great learning opportunities.

In my current job, we've had problems reclassifying programmers to be considered part of management. We have to give them considerable more responsibility before we can change their status to exempt.
Ah, now I understand. Socialist government regulations desined to prevent the abuse of the workers by evil management types (such as yourself). Quick everyone gather round and sing "Joe Hill".

"I dreamed I saw Joe Hill last night ..."
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Old 09-16-2009, 02:38 AM   #12
costamarianavia

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It's called wage theft, and it's very illegal. It's literally slavery.
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Old 09-16-2009, 03:27 AM   #13
feqlmwtuqx

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Yeah. Real slaves are provided with free food and free housing.
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Old 09-16-2009, 10:18 AM   #14
Searmoreibe

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Actually, it's considered involuntary servitude. Slaves do have to be owned.
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Old 09-16-2009, 02:23 PM   #15
MFSSCW2c

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Update?
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Old 09-17-2009, 01:50 AM   #16
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I had one boss who did the same in the bindery I used to work at. We would all clock in, and find that they would alter our clock stamps. People were seriously annoyed at the clock, because that meant we all had to wait behind each other to clock out assembly line, rather than simply leaving and writing down the time.

I had another boss, who founded his whole company based on labour violations. He had a pool of drivers that were all considered 'independent contractors' even though we didn't have control over when we worked. We all had standard shifts, but as independent contractors, he saved a mint in taxes. He's out of business now.

Seriously, don't enforce this on your underlings. He's doing this for productivity bonuses with his department.
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Old 09-17-2009, 02:21 AM   #17
SeelaypeKet

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Compulsory work without compensation is considered slavery in the U.S. Slaves do not actually have to be owned.
C'mon Join right in ............ I know you want to

"alive as you and me.
Says I "But Joe, you're ten years dead"
"I never died" said he,
"I never died" said he."
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Old 09-17-2009, 05:31 AM   #18
RsQhyZyR

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Seriously though, management bullshit like this is what keeps the corrupt unions going.
True. The best union in the world could never attract members by itself. It's oppressive tactics by managment which drives workers to join unions.

That, and the kickbacks from their tame politicians. Tame politicians do not give kickbacks. They get campaign contributions.
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Old 09-17-2009, 06:12 AM   #19
VogsHoock

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"cadillac health plans" Wazzat??? A health plan that actually delivers health care?
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Old 09-17-2009, 08:24 PM   #20
UMATURLIN

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Uh... che... that's 'involuntary servitude' (as also stated in the 13th Amendment). That's what people are charged with in this country these days, not 'slavery'
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