Employer removing evidence of Overtime from Time Card??

[Sarza]

This case is in Michigan.

In reference to my mother, who is experiencing a serious problem with her employer, *Standard Federal.

This is not the "overtime" season for *Standard Federal, but my mother will come in a few minutes early and leave a few minutes later each day.

She noticed yesterday that her time card had been altered. Instead of the few extra minutes she had each day, the card now showed exact times (I.E. Precisely 8:00AM, precisely 5:00PM instead of 7:54AM, or 5:07PM).

She asked her boss about it, who told her that it wasn't the Overtime Season so she wasn't allowed to have it, and she was the one that made a new card and punched in the false times.

Now, a few minutes here and there does not do much to my mother (besides royally piss her off), but if *Standard Federal is doing this to all of their employees, their savings must really be stacking up.

Isn't what my mom's boss did, totally illegal?

(edited to correct job location, Comerica was her previous place of employment)

 

[cbg]

If she is WORKING during those few minutes, then it is illegal for them to refuse to pay her and the state DOL is the place to go. If she is using those few minutes to hang up her coat, get her coffee, chat with her co-workers etc., then they do not need to pay her for them.

Here's the flip side. While they must pay her for any hours WORKED regardless of whether they are authorized or not, if it is not the "overtime season" then they ARE entitled to discipline her (in ways other than docking pay) for working unauthorized overtime.

 

[Beth3]

Agree entirely. If your mother is not working during those few minutes, it is not compensible time. If she is working OT without authorization, they have to pay her but they can discipline her for violating a company rule.

 

[Sarza]

She is working during those few minutes.

Plus, they are required to take a 15 minute break sometime during the day, and even if they don't, the pay for that 15 minutes gets docked from their check anyway. This we understand, as she was told up front about it. That leaves 15 minutes of floating time during the day for a break.

 

[Beth3]

Definite wage and hour violation here (Fair Labor Standards Act.) Under federal law, breaks of less than 30 minutes MUST be paid. Period.

Your mother should not be working OT unless it is specifically approved - that's how most companies operate. However the employer MUST pay for time that is worked and may not change her time card to anything other than that which reflects her actual hours worked.

Your mother may contact her State's Department of Labor/wage and hour division to file a complaint if she wishes to. There is absolutely no question that her employer is violating the law on at least three counts (unpaid breaks, not paying her for time worked, and falsifying hours worked records.)

 

[cbg]

Correction: Breaks of under 20 minutes, not 30 minutes, must be paid.

 

[Beth3]

cbg, I'm looking directly at my law guide (although not the FLSA itself) written by a major law firm which states:

"Under federal law...a meal period or rest break is generally considered to be compensible working time if the employee must perform significant duties, is subject to frequent interruptions which benefit the employer, or has less than 30 minutes off duty."

Is my resource wrong?

 

[cbg]

According to my resource guide it is. Mine says 20 minutes for paid breaks, although it does go on to say that 30 minutes is considered a reasonable meal break as long as the employee is fully relieved of duty.

Guess we'll have to do some further digging.

 

[Beth3]

And we're off to the races...

 

[Beth3]

cbg, I'm getting completely conflicting info on this when doing a search on the internet. Some legal sources are saying meal/rest breaks between 5 and 20 minutes must be compensated, others say meal/rest breaks in excess of 30 minutes may be considered uncompensated time.

I was trying to avoid wading through the FLSA itself (shudder) but it looks like there's no other choice.

Hey - let's ask Morris.

 

[gobonas99]

Hey Beth...I just did a quick google search, and got this from the USDOL:

Breaks & Meal Periods:
Federal law does not require lunch or coffee breaks. However, when employers do offer breaks of 5 to 20 minutes, federal law considers the breaks work time that must be paid.

Bona fide meal periods lasting 30 minutes or more, which are different from coffee or snack breaks, are not worktime and are not compensible.

Source: http://www.dol.gov/dol/topic/workhours/breaks.htm#lawregs


I think you are classifying rest periods and meal periods as the same thing, but the FLSA considers them to be mutually exclusive:

REST PERIODS:
29 CFR 785.18 - Rest.
Section Number: 785.18
Section Name: Rest.
--------------------------------------------------------------------------------
Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.

Source: http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.18.htm



MEAL PERIODS:
29 CFR 785.19 - Meal.
Section Number: 785.19
Section Name: Meal.
--------------------------------------------------------------------------------
(a) Bona fide meal periods. Bona fide meal periods are not worktime. Bonafide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. For example, an office employee who is required to eat at his
desk or a factory worker who is required to be at his machine is working while eating.
(b) Where no permission to leave premises. It is not necessary that an employee be permitted to leave the premises if he is otherwise completely freed from duties during the meal period.

Source: http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.19.htm


-Christina

 

[cbg]

Not a bad idea. He'd know.

BTW, the resource I'm looking at is not the sponsor of the board that we know Morris from, but is probably their biggest competitor.

 

[cbg]

Christina, I think you've got it.

 

[Beth3]

Thanks, Christina. That clarifies things. My materials here may be a big poorly worded.

But what if it's a completely uninterrupted meal break of 25 minutes???? Paid or not paid?

 

[gobonas99]

Thanks, cbg. You're welcome, Beth.

Beth - Your question: "But what if it's a completely uninterrupted meal break of 25 minutes???? Paid or not paid?"

Key words here, I think are "completely uninterrupted" break for the purposes of eating a meal....the answer I think would be NOT paid....see quote below from the "meal period" section of my post.

Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions.

-Christina