How can I prove this??!!

[cmw2123]

Thank You everyone that's replied so far. I really appreciate all the advice. Now, about the exempt thing though... is that only on a salary pay? If so, then no, my husband is hourly and right now his hours and pay is all over the place. They've made it to where overtime isn't allowed and if they do get OT then it's on the next check.. and so on, you know, all that we've been talking about. Well, now the new thing is, is that they've cut his hourly pay 12%!! Now that's a hard hit!!! So not only is he not getting his OT when he works it, they've cut his pay deep too. Not to mention, here lately he and his super haven't been getting along very well, and we noticed that he's not even always giving all his hours, even if it's not OT!! I swear this is driving us nuts and it's hitting us hard since we have a 3 month old newborn and a 16 month old!!! Oh, something NEW now too, what about if the super goes and buys his beer on lunch and sits in the truck drinking during work(on the clock) and on his lunch break both?? I know that's violating something, it's got to, but what?? It's not safe for him or the other workers if he's been drinking or is even "tipsy" while operating excavators and concrete pumps and what-not.... Is it me or is this company just all around crooked basically??

 

[pattytx]

For all exempt classifications except some Learned Professionals, the Computer Professional and the Outside Sales exemption, a fixed salary must be paid (in addition to the duties tests being met).

So, unless your husband is one of these, the fact that he is paid on an hourly basis automatically makes him nonexempt.

Overtime CAN be paid on the following paycheck, but for private employers, it cannot be "rolled over" into a subsequent workweek.

I'd leave the "beer at lunch" alone, unless the supervisor is driving.

 

[cmw2123]

I'm not much on what classifies as a "private employer"... It is a privately owned company if that's what you mean.. or well, I don't know it's an LLC... I don't even know what that actually limits but that's as much as I know. There's one owner and the company has LLC on the end of the name. That's why I came here for the advice. So we could learn from the experienced. And the "beer at lunch" I don't know if he actually drinks WHILE he's driving, but he drives a company truck to and from work.. and home at night. Won't accuse him of making personal errands in it, but I know he drives after he's been drinking... I still think we really need to leave that one alone, but you know.. just kinda describing the types of things that goes on within this company.... like I said.. crooked...

 

[anteater]

I'm not much on what classifies as a "private employer"...

A private sector employer - as contrasted with a governmental employer.

 

[cbg]

Unless part or all of the employee's wages are paid for by taxpayer dollars, the employer is a private employer.

 

[eerelations]

None of these details are relevant to your central issue. Instead of fretting about the details here, what you really need to be doing is helping your husband file a claim with the DOL.

 

[PrinceCharming]

Do not go to the Department of Labor. I worked at two jobs at the same time that both paid me late. The court is much faster.

Go to Court!!! And don't mention any of the drinking, personal use of a company vehicle, etc.

Just mention your issue with the unpaid wages/unpaid overtime.

It is perfectly legal to cut the pay 12%.

And also, continue having your husbands coworker sign off on your personal time sheet. The papers will be accepted in court if the coworker is willing to testify.

 

[pattytx]

Do not go to the Department of Labor.
Go to Court!!! And don't mention any of the drinking, personal use of a company vehicle, etc.

Just mention your issue with the unpaid wages/unpaid overtime.

It is perfectly legal to cut the pay 12%.

And also, continue having your husbands coworker sign off on your personal time sheet. The papers will be accepted in court if the coworker is willing to testify.

1. And get legally fired. If your husband files a wage claim with the federal DOL, he has legal recourse if he is fired because he did so. If he files a lawsuit, that protection does not apply.

2. Drinking? Didn't I already say don't mention that?

 

[cmw2123]

Yes, you said don't mention the drinking, which I'm not going to... I was just using it as a way to describe how careless these people are. That's all.. I trust you enough that I won't say anything about it... We're just fed up with all the crap going on with these people... thank you again for all the help. Payday is tomorrow so I'll probably be back with something else.. He worked 13.5 hours OT this week... just waiting to see how he gets paid...

 

[pattytx]

Just so you know, OP.

Prince Charming is not in your state. Prince Charming thinks that his personal experience makes law. Take his advice with a grain of kosher salt.

 

[eerelations]

OP, if you follow PC's advice, your husband could very well get fired. And this would be legal.

If you follow our advice, your husband could get fired - but this would be illegal.

OP, stop reading this thread now!!! Stop wasting your time!!! Tell your husband file a claim with the DOL now!!!

 

[PrinceCharming]

Federal law provides protection if a person gets fired for complaining to anyone. This includes complaining to a supervisor (except this is hard to prove as the supervisor will deny that a complaint was ever made), complaining to the DOL, or filing in any state or federal court.

Since federal law applies to ALL states, OP will be protected.

It is ILLEGAL for any employer to retaliate against an employee for compaing to anyone.

Good Luck!

 

[pattytx]

Federal law provides protection if a person gets fired for complaining to anyone. This includes complaining to a supervisor (except this is hard to prove as the supervisor will deny that a complaint was ever made), complaining to the DOL, or filing in any state or federal court.

Since federal law applies to ALL states, OP will be protected.

It is ILLEGAL for any employer to retaliate against an employee for compaing to anyone.

Good Luck!

Prove it. Give us the link to the law.

 

[anteater]

Federal law provides protection if a person gets fired for complaining to anyone. This includes complaining to a supervisor (except this is hard to prove as the supervisor will deny that a complaint was ever made), complaining to the DOL, or filing in any state or federal court.

Since federal law applies to ALL states, OP will be protected.

It is ILLEGAL for any employer to retaliate against an employee for compaing to anyone.

Good Luck!

To quote mlane58 from another post:

Quit giving advice when you don't even know what you are talking about. IDIOT!

 

[pattytx]

I notice that Prince Charming has posted since my request for a link to said law, but he has not provided it. Ya think?