What is the name of your state (only U.S. law)? Virginia
Hi, I have been working at my job for 5 years now. When I started I noticed my pay checks were a bit short of hours. Now when I started we used an old fashion punch clock for out times, so it didn't really bother me at first, I thought maybe it was bad math on my bosses part. But after a while I realized it was happening every paycheck, so I questioned him about it. His response to me was that he was taking out our lunch break, mind you, we don't get breaks. This job is a bar and I'm a cook, therefore I'm on call at all times that I'm on the premises. I never clock out for a lunch nor am I given 'lunch' break, If there is an order I must stop what I'm doing and make it. When he responded with this, I thought it was odd as it has never happened to me before, and I've been working these types of jobs for almost my entire working career. So I informed him that I didn't think this was right and that he shouldn't be taking time out of my paycheck for any reason. He shrugged it off, and as I didn't know a whole lot about the laws on this I put it to the back of my mind. Well I was doing some research for a friend and I ran into the department of labors laws on breaks and lunches. Well according to what I read its illegal for him to take these hours from me if I didn't clock out for them myself and if I didn't have a break where I am completely relieved of my duties for this time. As I said its now been 5 years that I've been at this job, and after reading this I really feel like I'm being cheated on every paycheck. Is there any recourse that I can take in this matter? I assume if I threaten a legal battle that he will fire me, so I've only brought this fact to his attention in a non threatening way. And to be honest he has yet to respond to my inquiry about fixing this problem.
So basically, I'm asking what I can do about this situation. Its been 5 years of 30 mins being taken out of every single day I work. Is there any way I can get this money back? And if so what is the best and easiest way for me to do this, I am poor enough as it is and I can't afford to spend a bunch of money to get money back unless there is a surefire way.
Thanks for taking time to read this and I await any help.
Andrew
Hi, I have been working at my job for 5 years now. When I started I noticed my pay checks were a bit short of hours. Now when I started we used an old fashion punch clock for out times, so it didn't really bother me at first, I thought maybe it was bad math on my bosses part. But after a while I realized it was happening every paycheck, so I questioned him about it. His response to me was that he was taking out our lunch break, mind you, we don't get breaks. This job is a bar and I'm a cook, therefore I'm on call at all times that I'm on the premises. I never clock out for a lunch nor am I given 'lunch' break, If there is an order I must stop what I'm doing and make it. When he responded with this, I thought it was odd as it has never happened to me before, and I've been working these types of jobs for almost my entire working career. So I informed him that I didn't think this was right and that he shouldn't be taking time out of my paycheck for any reason. He shrugged it off, and as I didn't know a whole lot about the laws on this I put it to the back of my mind. Well I was doing some research for a friend and I ran into the department of labors laws on breaks and lunches. Well according to what I read its illegal for him to take these hours from me if I didn't clock out for them myself and if I didn't have a break where I am completely relieved of my duties for this time. As I said its now been 5 years that I've been at this job, and after reading this I really feel like I'm being cheated on every paycheck. Is there any recourse that I can take in this matter? I assume if I threaten a legal battle that he will fire me, so I've only brought this fact to his attention in a non threatening way. And to be honest he has yet to respond to my inquiry about fixing this problem.
So basically, I'm asking what I can do about this situation. Its been 5 years of 30 mins being taken out of every single day I work. Is there any way I can get this money back? And if so what is the best and easiest way for me to do this, I am poor enough as it is and I can't afford to spend a bunch of money to get money back unless there is a surefire way.
Thanks for taking time to read this and I await any help.
Andrew