Work without breaks, hostile environment, many other issues

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lizz

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I work at a grocery store. I'm non-union and "full time". There are about a billion problems with the management of this store.

1) This morning I was notified that my hours had been cut from around 34 to 10. I was not given any prior notice or reasoning, when my boyfriend [who also works at the store] inquired about it, he was threatened with being fired. The schedule is changed without notice on a weekly basis, without anyone letting the employees know. When an employee is not aware that he/she has work, and does not show, he/she gets penalized.

2) I work completely without breaks. When I started with the company [when it opened] there was three people to a shift in my department [bakery]. Now there is one, which means 8 hours shifts with no breaks. I am afraid to even ask to take a 2 minute break. It has been like this for over a month and shows no signs of changing.

3) The handbook stated that overtime will be paid for any day over 8 hours. I have worked many 10 hour days with this company, and the hours have been manipulated to other days so that they are not time-and-a-half. Of the 2 owners, they both have different things to say, one of them claims they don't pay overtime at all. When I agreed to work the overtime, I was told I would get paid for it. I also worked on Thanksgiving and did not receive overtime.

4) Hours are regularly missing from my paycheck. Of the 15 or so paychecks I have received, about 10 or more have had missing hours. There have been times where it says on my pay stub that I didn't work that day. I have alerted my boss and he says that he checks in the camera and sees me not working. I have asked if I could see this footage for myself, and was denied.

5) They are not careful with our information. Regularly they use pay stubs and private information as scrap paper for photocopies. I have been given other people's social security numbers in my pay stubs. I am afraid of who might have my information.

6) Our pay stubs have another company's name on them, and all our hours say they are unscheduled. They also own 3 or more other stored in the state, but have instructed us to lie to anyone who asks if we are affiliated. They also changed a number on my boyfriends social security information, and I'm wondering what that will do to benefit their company, and whether it will screw up tax returns and similar things. I also wish to know if they are obviously lying to the government, or if these things are excusable.

I'll leave you with these for now, seeing as if I put all the illegalities on here it would be way too much for one post.
 
1.) None of this is illegal. Unless you have a legally binding contract or CBA that guarantees you a specific number of hours, it is up to the employer how many hours you work. The law does not dictate to the employer how or when he must make up the schedule; nor does it offer guaranteed protections to employees who question it. While I have to say it does not sound like a very well managed company, nothing in this heading is illegal.

2.) The law on breaks in NY can be found here. They are perhaps the most convoluted of any state.

http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm

3.) The law does not require that you be paid overtime for working on a holiday, or for working over 8 hours in a day. As far as either state or Federal law is concerned, overtime is only required for working over 40 hours in a week, regardless of how many hours you work in a day. You would have to take the employee handbook to a NY attorney to see if it is written in such a way as to constitute a contract.

4.) While he is not required to allow you to see the footage on the camera, he is required to pay you for all the time you have worked. You can contact the NY DOL for assistance. Note that I believe NY has a dollar amount set over which they will not help - if you are owed more than that amount, you need to file a civil suit. If you are consulting with an attorney for #3, above, you can ask him about this as well.

5.) This falls under the heading of bad management. To the best of my knowledge, and I have not checked recently so I could be mistaken, NY does not have any laws specifically protecting personal information. I am sure that someone will say so if I am wrong.

6.) If you have reason to believe that taxes are not being paid appropriately, the state DOL and the IRS are the appropriate agencies to contact.
 
I am seeing a trend here, I have read several posts on here about managers/employers screwing with their employees over their "schedules" (me included).

So what is the justification in this thought process of the management that does this? That is the question this brings to my mind. A force of power that they can do whatever they want to? To piss off the employee enough to quite (see constructive discharge)?

I am trying to figure out the "logic" (I know, that is an oxymoron in terms of management) behind this "abuse of power, not just in my case, but others I am reading as well.
 
So, does the SSN show on the pay stub? If it is incorrect, your BF should contact HR or payroll to get it corrected. It buys the company NOTHING to have an incorrect SSN. In fact, the IRS can fine the employer $50 for misreporting the SSN on the employee's W-2.
 
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