Kiaya
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Is your employee hourly? If so, then it is illegal to cut hours that she has worked. The employee must be compensated in some way for the hours that she has worked. If the employee does not provide adequate documentation to prove that she has worked those hours, they can choose to reject those hours, so make sure that all of the documentation is in order. Otherwise, if the payroll lady is working for you, you can just fire her and get a new payroll person. If the payroll lady just works for the same company as you do, you should go to her superviser and ask for either an explanation of why this is happening or corrective action. |
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BIG MIKE
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fired, that about sums it up |
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jhchang
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cutting hours is illegal. and overtime is not optional - it is required if you are an hourly worker. if you have documented proof of the hours you submit vs. the hours you were paid, you can sue for the differential. |
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dixon_deb_69
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I guess it depends on whether or not the employee has an agreement regarding hours/week. For example, full time could mean 35, 37.5, or 40 hours per week. You say she doesn't have overtime, but if the agreement was for 35 hours per week and she's working through lunch (as an example) and claiming 37.5 or 40 hours per week, then the hours would have to be reduced so as not to show overtime. Now, if there is also an agreement that no overtime salary is paid, then the employee working more than the agreed hours per week should have some compensation (such as 'banking' the extra hours for time off with pay).
Compensation for unpaid overtime would fall under business laws for whatever province/state you are in. Sometimes, if the agreement is for a 35 hour work week, and more hours are worked it is still not considered overtime unless the employee is considered 'full time' as opposed to 'part time' and the hours are more than 40 per week.
Hope this helps. |
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allothere
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Not unless she has proof. Your employees have a legitimate lawsuit on their hands. |
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pittsburgh guy
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Your employee can definately file a lawsuit. It is prohibited to work and not be paid. |
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wlc87
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I would certainly think it would be. Call a lawyer to be for sure. What she is doing is WRONG. |
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sunraeonesunrae
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I worked somewhere once that did the same thing.Would never pay overtime,even though the hours were worked.Cheated employees out of overtime. Contact your state unemployment office. They know what the rules are. I am pretty sure this is illegal. |
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rose_ann_fuentes
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That depends if the employee is an EXEMPT EMPLOYEE - Salaried/Professional employee not eligible for OT, or NON-EXEMPT EMPLOYEE - Hourly Employee that is elgible for OT. Call your State Employment Office or State Workforce Dept to get some guidelines and information on how to check out your employer's paying practices. This agency was developed for those reasons, to protect the rights of employees and enforce laws and regulations that require employers to pay employees for hours worked with specific guidelines and requirements. It's worth the phone call and the research!
Good Luck!
RAF - Certified Payroll Professional |
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green eyes
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no! report her to human resources or EDD!! |
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stevej
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you must be paid for the hours worked. payroll is calling you a liar. in NJ there is a wage and hour board for such complaints. check your state government for something similar. |
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billy12086
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The law says you can't take away hours onced they have been earned. Call the labor department. |
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mybluevw
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completely illegal-- if they are your employees and your the business owner the Feds and/or your States Labor Dept come after you after recieving a complain from the employee. I dont know what it is now but years ago the employee was entitled to 3X the money that was withheld. But nowadays w/ the "pain and suffering" and the "hardships" that could be placed in a law suit...lol who knows the $$$ amount it could be. Do some research w/ your states labor dept web page.. and pay close attention to Employee rights. |
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