Stealing time and not being paid overtime?

Status
Not open for further replies.
B

Birdsofafeather

New Member
My boss accused me of stealing time, his basis was that an alarm system didn't match up with my time sheet. Because I worked alone, there was no one to verify whether or not I actually left (or not) at the time that I set the alarm. He decided I would be working 12 hour days until the time that he decided i owed was paid off. This adds up to over 100 hours of overtime that I've never seen, although I've been working. He bullied and pressured me into signing a form saying I agreed to do so.

Is that legal? To work and not be paid?
 
He also does not want to give me my final paycheck; I was terminated Friday for a reason he didn't state. The hours issue occurred in March.
 
The good news is that no, it's not legal for him to refuse to pay you for your worked overtime (although there is nothing illegal about the 12 hour days. I wouldn't like them either - but they are legal). The form you signed is unenforceable since you CANNOT be compelled to waive your overtime.

The bad news is that you are in arguably one of the worst states in the US for any agency assistance. You can try calling the AL DOL, but I suspect they will try to hand you off to the US DOL. Since it's overtime, you might be okay working with the DOL, but otherwise you might want to try a civil suit - small claims if the amount fits.
 
Well, your state, Alabama lays it all out for everyone to see.
Take a few minutes, read upon how your state addresses wage claims.

http://www.workplacefairness.org/wage-hour-claim-AL

You can file your claim with the state, or with the Feds.

In your case, you might want to speak to a lawyer, then decide.

http://www.alabamacivilrightslawyer.com/employee-rights/unpaidwages?agree=yes

Items 10, 11, 12, 13, & 14 might interest you and others.
You appear to be a victim of wage theft, OP.

Item 14 describes how to seek your money and justice, notwithstanding the illegal indentured servant contract you signed.

10. What is Wage Theft?
Wage theft is the illegal underpayment or non-payment of wages owed to workers. Wage theft most often occurs with low-income workers.


11. How do I know if I am a victim of wage theft?
Though these circumstances are not the only way it can occur, wage theft often happens when employers refuse overtime pay, force employees to work off the clock, pay employees less than minimum wage, make illegal deductions from paychecks, misclassify employees, and fail to pay employees at all. Things to consider:
-Are you working over 40 hours a week and not getting overtime pay?
-Are you being misclassified as an independent contractor?
-Are you being paid less than $7.25/hour and not receiving tips?
-Have you not received payment for time worked?
-Are there deductions on your paycheck that seem irregular or that you do not recognize?


12. How are my rights being violated if I am a victim of wage theft?
Wage theft can violate provisions of the Fair Labor Standards Act (FLSA), which requires a federal minimum wage and requires employers to provide for overtime pay for people working over 40 hours per week.

13. How can I avoid falling victim to wage theft?
The first step is to keep careful track of your pay and know what is being deducted from your paycheck. Know how many hours you have worked and make sure each hour is being accounted for on your paycheck. It is also helpful to know your rights regarding work and overtime pay. If you work over 40 hours a week, ensure that you are being paid proper overtime wages for the amount of time over 40 hours.
Unionizing is also a way to avoid wage theft. Union workers negotiate a contract to receive pay, and if wage theft is occurring then union advocates can challenge the wages being paid. Unions also provide an outlet for expressing concern or complaining about employer wages.
back to top

14. I think I am a victim of wage theft. What can I do?
You can file a complaint with the U.S. Department of Labor's Wage and Hour Division, and include information regarding your job title, pay, hours, and additional information from pay stubs and other payment information. You can also pursue your case at a state level, with state labor and employment division resources.
 
Last edited:
Which has nothing to with unpaid OT. Any issue you have with your WC claim needs to be filed with the state WC Commission.
 
The reason for that is that it is free to file a claim for unpaid wages with the DOL. No lawyer needed. Lawyers who handle WC typically do not handle other types of employment law. This assumes there is even an issue with your WC claim.
 
One more thing. He just said he's not paying my final check. He still believes I owe hours, and wants to confiscate my final pay, and write off the remainder he says I owe. I don't want to put my foot in my mouth.
 
If you are owed wages, we suggested you contact the DOL. That's all we can tell you - it's up to you whether to do so.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top