Employer adjusting time card.

[superbovine]

What is the name of your state? Texas

My question is for my brother who is hearing impaired. My brother is not an assertive person to complain to his boss, but he has told me that his boss has adjusted his time card to avoid paying over time a few times. My brother notices that his punch times are adjusted when he goes to pick-up his check and he sees the manual adjustments on the form that he signes to get his check. This is the problem as he is not assertive and does not posses a lot of common sense for some understable reasons. From what I gather they adjusting the time card to avoid paying him overtime, but I cannot say for sure. What should he do?

My next question is his boss makes him clock in for around 60-80 minutes sometime then make him take a lunch in a 8-9 hour shift. Is there a required period to work before a lunch?

To be honest though, I believe they are taken advantage of him because of his disability and his personality, so i might not being seeing through my emtion.

Would calling the department of labor help?

EDIT: I would also like to add, he does not know the exact weeks that they owe money. he confessed all this information to me out of frustration.

 

[dan148]

What is the name of your state? Texas

My question is for my brother who is hearing impaired. My brother is not an assertive person to complain to his boss, but he has told me that his boss has adjusted his time card to avoid paying over time a few times. My brother notices that his punch times are adjusted when he goes to pick-up his check and he sees the manual adjustments on the form that he signes to get his check. This is the problem as he is not assertive and does not posses a lot of common sense for some understable reasons. From what I gather they adjusting the time card to avoid paying him overtime, but I cannot say for sure. What should he do?

My next question is his boss makes him clock in for around 60-80 minutes sometime then make him take a lunch in a 8-9 hour shift. Is there a required period to work before a lunch?

To be honest though, I believe they are taken advantage of him because of his disability and his personality, so i might not being seeing through my emtion.

Would calling the department of labor help?

Adjusting time cards to reflect hours less than 40 to avoid paying OT is illegal and I would suggest contacting the DOL. If an employee (hourly wage) works more than 40 hours than the employer must pay time and a half. I would advise your bros to write down his in/out time manually for a week or so just so that you can confirm in fact thats what the employer is doing, although I doubt a handwritten piece of paper would show proof of anything in a court, at least it's something.

As far as your second question, I am not familiar with TX labor laws, however, in a recent reply from an experieced member of this site it is my understanding that TX does not have any laws regarding employee breaks.

 

[cbg]

Your brother MUST be paid for all the hours he actually works, and he MUST receive time and a half for any hours he works over 40 in a week.

Adjusting time cards is legal if it is done to more accurately reflect time worked. Example: Employee clocks in at 7:45; hangs up coat, gets coffee, checks personal e-mail, uses restroom, chats with co-worker, and finally sits down to work at 8:00. Boss adjusts time card to say 8:00. Legal.

It is NOT legal to adjust a time card to subtract time that was actually worked. Calling the DOL is the place to start on the wage issue. However, if he believes that he is being treated this way because of his disability, he might also want to consider a call to the EEOC.

Nothing in either Texas or Federal law requires an employer to offer a break or a lunch at all, let alone at specific times.