Lots of questions about small business....

[ashelton1980]

What is the name of your state? Alabama

I work for a small hardwood flooring company (LLC.). The boss/owner does some things that just seem shady to me....such as:

Docking 30 minutes for being 1 minute late. Docking 30 minutes for not clocking out/in.

Making us stay on the jobsite during lunch with no pay, no chance that I will be needed during this time.

No overtime at all....ever....

Isnt HE supposed to pay for workmans comp?

Makes us file as subcontractors, although we are hourly employees.

Those are the things that come to mind straight away...dont get me wrong, I REALLY like the man on a professional and personal level, but some of these practice dont seem quite right.

[cbg]

He may not dock you for more time than you were actually late. If you were one minute late, you can be docked for one minute, no more. Some rounding is permitted but 30 minutes is not.

You can be disciplined for not clocking out (or for being late) but not by docking. You must be paid for all the time you actually work.

Alabama law does not require that you be given lunch breaks. However, I think you are saying that while you are given an unpaid lunch break, you are required to stay on the premises. This is legal in your state (and in many states). However, if you ARE recalled to work, you have to be paid for the time.

I can't tell if you are saying he refuses to allow you to work overtime, or if he does not pay at time and a half when you do. The first is legal; the second is not (assuming you are non-exempt)

Yes, he is supposed to pay for workers comp. If you are employees.

While I doubt that you qualify as subcontractors, it's impossible to say for certain without knowing what your job is.

[ashelton1980]

basically the scheme is this....

my boss goes out and bids the jobs, buys the materials, furnishes the equipment...so on and so on

after that we do the physical work. go to the homes, install, sand, and finish the hardwood flooring, deal with the customers, answer the Q's and all that jazz.



The only deduction on my check is for workmans comp (approx. 7% off gross). He holds no taxes, and we file the 10-99 at the end of the year as subs however we punch clocks like hourly people. That brings me to another point that i forgot...he deducts time for driving company vehicles...our times starts at 7 a.m.....say we get back to our shop at 4:00...he generally takes 30 minutes off for "driving time"....

also we get paid in 30 minute increments....if we clock out at 4:48, he generally takes it back down to 4:30....he will only roll it up if its like 4:50 or after....


as far as the overtime, I meant we get straight hourly pay after 40 hours....no time and half...

[hateworking]

Im not sure if the size of the company(# of employees, ect...) in your state is any factor here, but if everything he is doing is illegal, as someone will point out, I would reconsider the "respect as a professional" part.

[eerelations]

From the OP's description of his work situation, it seems that he has been misclassified as an independent contractor, and should be classified as an employee. He needs to speak to his state's department of labour to see if this is indeed so, and if it is, to file a claim for unpaid OT pay.

[pattytx]

I agree with eerelations regarding your employment classification. Alabama is pretty weak on wage and hour laws of its own, however. You may need to contact the federal Dept. of Labor.