Labor Law question (Payroll Fraud?) URGENT

[ramseya]

I am an hourly supervisor at a company and the manager in charge of payroll routinely adjusts hours so that no one is paid more than 40 hours, regardless of actual time clocked in and worked. I have been instructed to tell employees to clock out and work off the clock if they have not finished their tasks by their scheduled time or they will be terminated.

In addition, I have worked overtime repeatedly but my hours were adjusted after the fact and I did not receive more than 40 hours. For the current week, I have already worked 36 hours and am scheduled for an additional 14 over the next two days but I will be only paid for 40 hours.

I have been scouring the internet for explicit laws, court cases, anything that clearly says that this is illegal (the overtime requirement is right there in the Federal Labor Standards Act; but I can't find anything about adjusting times).

Can anyone help me out ASAP, preferably before 10 am when I am scheduled to work. I'd like to have a number of primary documents ready by then.

I work in the state of Pennsylvania.

[ramseya]

Even the term for this would be helpful... googling things like "payroll fraud" "time clock adjustment" "hours adjustment" isn't really getting me anything.

[SlowwHand]

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_overtime_based_on_a_40_hour_work_week_or_is_overtime_based_on_80_hours_bi-weekly_In_otherwords_if_you_work_46_hours_one_week_and_34_hours_another_week_is_overtime_due_for_the_fist_week

[ramseya]

You don't understand... We're not even getting straight time... I work 50 hours in a week, I am paid for only 40; the time keeping records are falsified.

Where can I find laws saying that is illegal?

[Imran Siddiqui]

Contact these people:

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

1-866-4-USWAGE

[SlowwHand]

I'm telling you without doubt that an hourly employee gets time and a half after 40. I know this as fact.
Here. Here's a site. I didn't even search, because I know it.

http://www.findlaw.com/?DCMP=KWC-G-HOME

[ramseya]

I know by extension, it would be illegal but I've scoured over www.dol.gov and found nothing, not in the Federal Labor Standards Act. Am I just glossing over something?

and like I said, I know by extension of overtime laws, obviously not paying people for time worked is illegal, but I need to go to the payroll manager with something concrete.

[Imran Siddiqui]

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).

[SlowwHand]

I'm not missing the point. He wanted a reference by a certain time. He didn't want to call anyone in the future. You miss the point.

[ramseya]

Imran:

How do I approach him about this though? I left a note with a copy of my falsified time detail report from my latest check and stated that I worked 45 hours but was only paid for 40. The next check (for last week) will have a similar issue.

I'm expecting a response like "Overtime is not authorized"; I was scheduled for overtime, however, and had no choice but to work it.

I also don't know how I will approach my employees about them clocking out and working off the clock if they are not finished by their scheduled time.

[Imran Siddiqui]

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.

[Imran Siddiqui]

Also WHD can also help you with more information, such as DOL regulations pertaining to the issue or, perhaps, even cases (though unlikely, but maybe, by the Customer Service Unit).

[ramseya]

I don't know Imran... I work for the 22nd largest employer in the world according to Forbes. Shouldn't I go through their chain of command? Maybe contact HR?

[Imran Siddiqui]

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 .

[notyoueither]

In the jurisdiction where I am, employees are advised to keep their own records of time worked when dealing with dodgy individuals or companies. A notebook will do, as long as you are consistent in keeping it.

The government board will go after employers going back over lengthy periods of time on behalf of employees when there is docked time, overtime not paid, or other violations of the labour code.

I am not in the US and it is just your luck that Imran is, is a lawyer, and this is either his field or one very closely related. So, either move to Alberta or listen to him.