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How can I prove this??!!

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cmw2123

Junior Member
What is the name of your state (only U.S. law)? Alabama

My husband works for a concrete company here in Alabama. Our problem is that he's not getting all the hours worked on his check. The way they do their time sheets is that each superintendent for each crew has the time sheet and he fills out the time for each employer. Well, my husbands superintendent doesn't always put in the right hours. For instance, last week he asked him to stay over a couple days to finish up some work. One day he stayed an hour over and on another day he stayed 30 min. Come time to get paycheck those hours weren't on the check. Also, they're not allowed to work overtime currently, BUT IF they do the "big boss" says the extra hours will be put on the next check, although that never gets done either!! My question is... Is there anything we can do to get the hours owed, or how can we even prove it since the super can basically write in any hours he wants??

P.S. On another crew, it was told that they worked 18 hrs overtime and that was just completely taken away!! What can we do, or what SHOULD we do without getting him fired or being mistreated on the job??:confused:
 


cbg

I'm a Northern Girl
"We" can do nothing. You have no standing to do anything with regards to your husband's employment.

What your husband and his co-workers can do is report the shortages to the state or Federal DOL. They do not have to prove what hours they worked; the employer has to prove they did not work the hours they claim.
 

pattytx

Senior Member
And he should keep his own time records, at home. An electronic spreadsheet or even in a paper notebook would be fine.

He isn't being required to sign this time sheet, right?
 

cmw2123

Junior Member
Yes, I know, technically it's not "we", but you know a wife stands by her husband and helps in any way she can.... on the other reply, is no.. he doesn't have to sign the time sheets and we(he) do keep a log at home... everyday he gets off he calls me at that exact time for me to right down the exact time... He thinks he's going to be alone if he reports though because the other guys don't want to lose their job... It's just that these things are getting way out of hand now and we have 2 kids to raise... we can't afford for him to not get paid for all the hours he works
 

cbg

I'm a Northern Girl
He cannot legally be fired for filing a complaint with the DOL. If they do fire him, there is legal recourse he can take.
 

Beth3

Senior Member
Your husband should file a complaint with your State's Department of Labor - and tell them this is a very widespread problem and many hourly employees are not getting paid for all their time worked. The DOL will handle as they see fit after that but with any luck, they'll decide to do a full investigation and audit which would mean the employer would have no idea that it was your husband who filed the complaint since the DOL will be asking to see all their payroll records.
 

cmw2123

Junior Member
What your husband and his co-workers can do is report the shortages to the state or Federal DOL. They do not have to prove what hours they worked; the employer has to prove they did not work the hours they claim.
My husband made a good point when we were dicussing this last night... How can they prove whether they worked the hours or not since the time sheets are hand written. If it's witnesses, well he's not so sure if they will say anything because they're foreign(the ones on his crew) and doesn't believe that they can't lose their job and they don't want to get into trouble if they do say something, and he knows that the super will say that his time sheets were right. He just keeps thinking he's screwed.... and I'm worried that he is too...
 

pattytx

Senior Member
If this gets the interest of someone at the federal DOL and they decide to do a full-blown audit, it will be found out how prevalent it is.

BTW, are these "foreign" workers eligible to work in the U.S. Or does your husband know?
 

cmw2123

Junior Member
I believe some of them are, but I won't say that they ALL are. Not 100% sure one way or the other, but I believe some of them aren't. Could be wrong though, don't wanna wrongfully accuse an innocent person. All I know is that sometimes a super will pick up some extra help one day and not need them the next....
 
There are certain people who are exempt from recieving overtime pay under federal law.

The basic rule is that they need to be making a salary of less than $455 per week.

I don't think your hubby gets a salary.

Second, I found that the process is more beneficial when you DO NOT complain to the Department of Labor. Rather, I chose to go to court.

In court, I sued my boss for a half million dollars. Included in there was punitive damages. Only 2% of punitive damages claims get awarded. In my case, I was fired for taking my boss to court.

In your case, you can easily sue for liquidated damages up to three years back if you can prove "willfilness". Liquidated damages doubles your claim.

You may be entitled to additional liquidated damages under your state law. NYS tacks on additional liquidated damages.

It is the general requirment for the employer to keep accurate records. However, having proof on your end would be helpful. It would help if a co-worker would sign off on a daily basis that your husband worked those hours.

Good Luck!
 

pattytx

Senior Member
There are certain people who are exempt from recieving overtime pay under federal law.
Um, we know that. :rolleyes:

The basic rule is that they need to be making a salary of less than $455 per week.
Well, no it isn't. IF an employee makes less than $455/week, under federal law (and with limited exceptions) then the employee cannot be exempt. However, the primary criteria are the job duties. If the job duties tests are not met, it doesn't make any difference HOW much the employee earns.

You may be entitled to additional liquidated damages under your state law. NYS tacks on additional liquidated damages.
This is specific to the state. Since the OP is not in New York, what New York allows is irrelevant.

It is the general requirment for the employer to keep accurate records. However, having proof on your end would be helpful. It would help if a co-worker would sign off on a daily basis that your husband worked those hours.
Yes it is. However, if it comes to a claim and a hearing, affadavits mean virtually nothing.
 
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