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Bad Boss

  • Thread starter Thread starter Mage
  • Start date Start date

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M

Mage

Guest
To Whom it may Concern;

I have worked for a company that goes by the name of XXX. It is owned by a lawyer named R.H. who resides in Tennessee. His brother ,J.H., is the floor manager at the plant.
They have been doing some things that I and the other employees at the company do not think is legal. Let me explain and maybe you can tell me if what they are doing is legitimate or not.
We design and manufacture foodservice equipment. Most jobs require delivery and installation of these cabinets. Most of them are delivered to halfway across the nation by anywhere from a 3 to 6 man crew. These men are employed by XXX fixtures and are asked to go on these road trips. R.H. will not pay them overtime for delivery and installation trips even though these people work as much as 80 or more hours in one week. He does this by saying that if they are on a road trip for XXX that they are then employed by a different company that he also owns called OOO. OOO does not have a location but I do think that he has a tax number set up for this other company. The same computer and bookkeeper writes the payroll for OOO and XXX and the same man owns both. I do not think that OOO produces any products or functions in any way except to provide him a legal way to keep from paying these people their overtime.
There is something else that he also does that we are unsure of its legality. We are allowed (2) 15 minute breaks besides a 30 minute lunchbreak. He says that he legally has to provide these breaks but that he is not obligated to pay for them.. (He pays the office workers for their breaks) The floor workers must work an additional 30 minutes a day to make up their 8 hours. I have not been able to find the laws that pertain to how many breaks an employer is required to give his employees.
His son that is in college also owns a factoring company called ***. He charges double the interest that the bank does to factor a job. He almost always uses the company he has set up for his son in order that the company Cetec will show a loss instead of a profit. I do not know if he is using this company as a tax shelter but it appears to me to be that way.
If you have any info or insights on these matters will you please let me know what can be done?
Sincerely Mage
P.S. I used codes to protect the innocent. My email is cen68796@centuryinter.net
 


A

Attorney_Replogle

Guest
The employer does have to pay for all overtime its employees do work in a given week. You are right on that. Employers are not required to pay an employee during the luch break, so the requirement that employees work an extra 30 minutes really has the effect of providing the employee with an 8 hour paid work day. Two breaks in an 8 hour period seems fine and legal. Regarding the factoring company, whether his rates are legal would depend on your state's laws. Factors generally do charge more than commercial banks but that is the nature of their business. The bottom line is, that you should consult with an employment law attorney near you about the overtime pay matter. You can find one at attorneypages.

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Mark B. Replogle
 

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