Off the Clock

[Scotchula]

What is the name of your state? PA

If I work for my employer off the clock when I wasnt actually asked to work off the clock but they say nothing to stop me from doing so is that illeagal?
Often to get my job done properly I need to clock out and continue working. If I stay on the clock to get my job done managment reprimands me, but if I dont get my job done, I will get reprimanded as well. So while I am NOT asked to work off the clock, its seems the only viable salution. Managment IS aware I do this. But there is no aknowledgment, much less am I told not to work off the clock.

I am aware of at least two other employees that feel the need to do this but I am not sure management is aware of THEM.

In addition, I have an automatic 30min unpaid lunch deducted from my 8 hour shift. The only people that can cover my break is a member of managment. I have to ASK for my break and it IS like pulling teeth to get a willing member of mangement so I often just skip my break because I'm too busy to deal with the hassle of finding someone to cover my break. There is a 'No Break' slip I can fill out but it must be signed by a mamber of mangemnt at which point you get reprimanded for not taking a break.

Put simply, the work envirenment nurtured by all the managment at my workplace is not conducive to me getting my job OR break done proplerly.

My question is, should I consult the DOL? If I did, what would happen? Should I mention the other employees who I KNOW work on their own time?

A second question:
I've been told that I have not been punching out at the end of my shifts. And that it has happend enough times that they will no longer ask when I left to correct the timeclock but rather will now only pay me for 2 hours for any day I neglect to punch out.

First off, I'm a 28 yo man, I've been punching clocks since I was 16. While I will never claim I've never forgotten to punch out. If you believe their timeclock, I've forgotten more times here then all the times at my previous jobs combined and then some. To exit the office you need to go RIGHT BY the timeclock. I KNOW there are days I punch out but the system doesnt seem to record it, But how can I dispute a computer?

Also, I work AMONG all the managers that work so I am a VERY visable employee. I can understand if I work a little over and dont punch out that they cant give that to me but they SHOULD be able to at least give me my scheduled shift.

Any thoughts?

Thanks for any imput.
Scotchula

 

[cbg]

Is it safe to assume that you are paid on an hourly basis and not on salary? On that assumption...

You MUST be paid for every hour that you work, regardless of whether you are asked to do it or not. If that comes to more than 40 hours a week, you MUST be paid at the rate of time and a half for every hour over 40.

They CAN discipline you, if they so choose, for working unauthorized time. They just can't do it by refusing to pay you. If they don't want you to work more than 40 hours a week, then don't work more than 40 hours a week. They'll get the idea.

You can file a complaint with the state DOL for the unpaid OT.

In PA, unless you are under 18, a seasonal farmworker, or have a bona fide CONTRACT (not an offer letter, not a company handbook, a CONTRACT) that says otherwise, they have no obligation to provide any break at all, let alone one that you don't have to ask for. However, they CANNOT deduct a break from your timecard unless you actually took one. They CAN discipline you for not taking a break.

Again, you can complain to the state DOL for any unpaid breaks.

They only have to pay you for the time they KNOW you worked. So if they know you worked 8 hours, they have to pay you for 8 hours. If you worked unauthorized OT and they don't know about it, then while they have to pay it to you eventually, they don't have to pay it until you can prove you earned it. If this were a case of you punching out properly but the computer not recording it, logic would indicate that you would not be the only one this was happening to. Sounds to me like you need to start making sure BEFORE YOU LEAVE that the punch was recorded.

It would be illegal for them to take any adverse action because you complained to the DOL. However, if it were me, I would make my complaint on my own behalf and leave the others out of it. Let them make their own complaints. No sense being seen as a troublemaker.

 

[Beth3]

If I work for my employer off the clock when I wasnt actually asked to work off the clock but they say nothing to stop me from doing so is that illeagal? It is if they don't pay you for the time. I'm assuming you are in a non-exempt (hourly paid) position. Time the employer requires you to work or "suffers" you to work is compensible. Period.

On your break issue, again, if you are non-exempt you MUST be paid for all the time you work, including any break time.

I've been told that I have not been punching out at the end of my shifts. And that it has happend enough times that they will no longer ask when I left to correct the timeclock but rather will now only pay me for 2 hours for any day I neglect to punch out. Okay - that's illegal. If they know you worked - even if you forgot to punch in/out or the timeclock didn't record it - they MUST pay you, even if based on an estimate of your hours. They simply cannot elect to pay you for just two hours as a punishment.

I frequently advise posters to try to resolve matters internally before going to the government but your employer has so many violations of wage and hour laws, that I suggest you contact your State's Department of Labor. This "we're only going to pay you for two hours" is clearly a willful violation.

 

[Scotchula]

Thank you cbg and Beth3 for your imput. Cbg, I guess I kind of did know that I can be reprimanded for overtime and not taking breaks. Howerver, it's genunely impossable to get my work done during my shift. lf I clock out to avoid overtime and then go home, leaving my work unfinished, would they have grounds to write me up? Since I was only clocking out as required? Without going into mindless details about my job,(but if it would help clarify I will) the only alternative I have to get my work done on time is to get managment to assist me during my shift (I work alone). As I said before, I can barely get a mananger to cover my break, much less assist me.

I guess the only avenues I have is to either call the DOL or get a backbone and start insisting on getting my breaks and let the chips fall where they may.

Regarding the other employees, I would just mention to the DOL that there are others and not give names. My only real concern for the other employees is that one of them is a 62 year old man. He's the night porter and does manual labor off the clock. I tell him he shouldnt do this, but he's been there for 30 years and likes to do his job right (which the rest of us apreciate).

Out of curiosity, what would happen if he were to injure himself while working off the clock?

Again, thanks Beth3 for your imput on my clocking out problem. I feel more comfortable knowing I have some legs to stand on here. Cbg, I have taken into consideration the fact that this clock out problem should be happening to others. Assuming I am right and I AM clocking out I only have two explinations: Either I have a faulty card (it has a barcode) or perhaps..and I'm not sure I can believe this one..the manager that does payroll deletes my clock out. I only entertain this theory because the manager that does this is the same one I have to fight with to cover my break and I know that as a person she doesn't like me. And tho this might sound malicious, the simple fact is she's notoriously petty. But thats a hard accusation on my part.

In any case if the information you and Beth3 gave me is accurate. Then I feel confident to confront them if they dock me hours for not clocking out. Simply because, in my position there, if I left and went AWOL, it would take 5 min for someone to realize I wasnt there and chaos would ensue. And that is no exageration. So I know they would have to pay me because they would KNOW if I wasnt there.

Thanks again to both of you!
Scotchula