How can I prove this??!!

[mlane58]

Federal law provides protection if a person gets fired for complaining to anyone.

You are so stupid. It only applies when someone makes a complaint either to an agency for workplace violations, an employer for violation of law (i.e. Title VII, ADA, etc...) Someone making a complaint such as "Oh Johnny is being mean" doesan't count.

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

No they will not

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

You are just an Idiot! How do you make it through life?

 

[cmw2123]

This just in!!! The paycheck for the week!!!

Well, just as I expected. He gets his check and what do ya know... 40.00 hours!!! He called his super and asked how many he turned in and he said well 49.3, but the other 9.3 will be on next weeks check(which it NEVER IS).... So here's the issue... super only gave him 49.3 hours which he worked 54.68 hours(oh, and come to find out, Foshee const. has a webcam out there at the site so there's our proof of the times that he was out there ) But they still only paid him 40.0 anyway.. so I've left a msg with our DOL local Wage and Hour div. and waitin on the call back.
Now here's the other problem. A friend of hubby's says that since they were told that they couldn't have OT, and they worked it anyway then the owner of the co. wasn't at fault and didn't have to pay.. is this true?? I mean he told them months ago that they wouldn't be able to work OT, but since he still worked them OT doesn't he have to pay them???

 

[mlane58]

Well, just as I expected. He gets his check and what do ya know... 40.00 hours!!! He called his super and asked how many he turned in and he said well 49.3, but the other 9.3 will be on next weeks check(which it NEVER IS).... So here's the issue... super only gave him 49.3 hours which he worked 54.68 hours(oh, and come to find out, Foshee const. has a webcam out there at the site so there's our proof of the times that he was out there ) But they still only paid him 40.0 anyway.. so I've left a msg with our DOL local Wage and Hour div. and waitin on the call back.
Now here's the other problem. A friend of hubby's says that since they were told that they couldn't have OT, and they worked it anyway then the owner of the co. wasn't at fault and didn't have to pay.. is this true?? I mean he told them months ago that they wouldn't be able to work OT, but since he still worked them OT doesn't he have to pay them???

No they still have to pay the OT, but he can be terminated for insubordination for violating the policy of no OT.

 

[cbg]

Yes, if they work the OT they have to be paid for it. An employee can be fired for working unauthorized overtime but it must be paid no matter what.

Ignore PC and file a wage claim with the state DOL.

 

[cmw2123]

Thanks a lot... Y'all have been a lot of help!!! Well, he worked the OT hours because his super worked the whole crew.. he would've gotten fired if he hadn't worked them so he really didn't have a choice... what about it being put onto next weeks check??? Can they do that.. although it'll never happen.(They've said they would put the hours on the next check before and those hours happened to have just disappeared.) Now that it's even 9.3 hours(according to the super).. that's still a lot for us. You know a bill payment or diapers and baby food!!! Man I wanna scream!!!

 

[pattytx]

Here's the law regarding hours worked.
29CFR785.785.13 - Duty of management.

I think we discussed this before, but Alabama does not take wage complaints of this nature. Federal DOL.

 

[eerelations]

OP, stop posting here!!! Spend all that wonderful loyal energy on helping your husband file a claim with the DOL!!! Stop wasting your time here and do something that'll actually help your husband!!!

 

[cmw2123]

First of all... I AM AND HAVE started the process with the DOL... actually Alabama has the Birmingham Wage and Hour Div. or that's what the Fed DOL gave me the # to. So that's done. I'm just trying to make sure that we're not going to make any wrong accusations. Basically trying to cover our butts and not try to claim something that can't anything be done about. My husband is kindly nervous about it because of him being screwed over so much. He said something to his super today and his super told him not to b**** that he was lucky he had the job. So he took it as a threat as "take what you get and shut up"... Please understand where I'm coming from or at least try to. It's a big decision and we wasn't sure of the risk we're taking

 

[PrinceCharming]

Prove it. Give us the link to the law.

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc29.wais&start=670193&SIZE=5154&TYPE=TEXT

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc29.wais&start=675353&SIZE=20951&TYPE=TEXT

I rest my case.

 

[PrinceCharming]

You are so stupid. It only applies when someone makes a complaint either to an agency for workplace violations, an employer for violation of law (i.e. Title VII, ADA, etc...) Someone making a complaint such as "Oh Johnny is being mean" doesan't count.

No they will not

You are just an Idiot! How do you make it through life?

Now ... you look like the idiot. Make sure you know your stuff before you run around name calling people.

 

[PrinceCharming]

Yes, if they work the OT they have to be paid for it. An employee can be fired for working unauthorized overtime but it must be paid no matter what.

Ignore PC and file a wage claim with the state DOL.

and now ... I proved you wrong.

 

[cbg]

How does what you have posted proved me wrong in any way?

The link you posted had NOTHING to do with what I said. All you succeeded in doing was prove that you do not know how to read.

 

[PrinceCharming]

How does what you have posted proved me wrong in any way?

The link you posted had NOTHING to do with what I said. All you succeeded in doing was prove that you do not know how to read.

You said to ignore me, as if I was giving bad advice... exactly which part of the advice was bad? Everything I said was accurate. The links support what I said earlier.

 

[cbg]

No, actually, they don't. The links you posted are industry specific and are not applicable in the poster's situation.

 

[ecmst12]

All of your advice was either bad or inaccurate or both.