Labor Law question (Payroll Fraud?) URGENT

[Zkribbler]

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

[SpencerH]

He says he's an 'hourly supervisor'. Maybe he has status as a 'manager' which means overtime rules dont apply.

[Zkribbler]

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.

[Felch]

He says he's an 'hourly supervisor'. Maybe he has status as a 'manager' which means overtime rules dont apply.

Also there are the other employees being treated like serfs in this deal. Even if he were exempt (and I don't think he is) it's still good for his co-workers to give them justice.

[SpencerH]

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?

[SpencerH]

Also there are the other employees being treated like serfs in this deal. Even if he were exempt (and I don't think he is) it's still good for his co-workers to give them justice.

I'm not defending the practice without the details, but I can envision circumstances where hourly workers might be forced to unpaid overtime. For example, car repairs take a certain number of 'booked' hours. We pay for those number of hours whether it takes less or more than that time. its possible that those he is supervising work under a similar schedule.

[Japher]

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.

[rah]

Usually HR are the vermin dogs of management.

While not always true, best line in the thread.

Yes, I would recommend the whistleblower route first also.
And having gone up against the government on many occasions involving hours for hourly employees, there were no exceptions that ever helped us.

[SpencerH]

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.

[rah]

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.

[David Floyd]

ramseya,

I have been both an hourly supervisor and a salaried manager - oddly enough, in a position similar to your payroll manager's - with a very large US company for several years. I can tell you without a doubt that what is being done is illegal. In fact, it's illegal for someone to manipulate your time punches at all without your explicit permission, usually given in the form of paper documentation that you sign (although i doesn't have to be). I know of GMs in my company who were terminated for doing just that.

Imran's got the right idea - I'd highly recommend taking his route, rather than going directly to your payroll manager. If the company is as big as you say, I guarantee that his training included details on ways he is and is not allowed to manage labor and overtime - ie, he already knows what he is doing is wrong, and going to him will only set yourself up for retaliation.

Speaking more generally, it's a bad idea for an employer to even SKIRT the law when it comes to labor, because that just opens the door for unions to come in, and I assure you that no employer wants that (it's bad for the employee's, too, in most cases, but that's a different argument).

[SpencerH]

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 ..."

[Theben]

That seems correct (except for 'cannotes' of course ) but havent I seen a similar mistreatment of low level 'managers' in the fast food industry?

Probably, but unless the individual makes $23,660/yr + he or she MUST be consider hourly and paid as such. The manner in which ramseya wrote his message makes me think he's hourly, not salaried.

[chequita guevara]

It's called wage theft, and it's very illegal. It's literally slavery.

[Lorizael]

Keep in mind that when che says "literally," he means "kind of similar to."