Changing timecards, and not paid for overtime

[MattSCESC]

What is the name of your state (only U.S. law)? California

Here is my situation. I have been employed by a company in southern California as a route driver for about two and a half years. I'm paid hourly. We have 4 drivers, all on the same pay scale. In the past two and a half years, I have never been paid overtime, unless I work over 80 hours in a pay period (two weeks). For the last two years, they have reduced my work week, to four days. Tuesday through Friday to avoid paying overtime. I have worked upwards of 14 hours a day, never receiving a dime of overtime. Just recently business has picked up, and one of our "Full time" drivers, (who generally works 5 days a week) has been asked to take a random day off, without pay, due to him getting close to 80 hours in the pay period. All of us have brought this up to both the person who does our payroll, as well as the owner of the company. I know what they are doing is NOT legal in California.

Additionally, our paychecks are coming out to round numbers. For example, last pay period I worked 72:31 minutes. I was paid for 72:00 exactly. I have just noticed this issue, but I've looked over my last year of pay stubs, and all of them come out to the whole, or half hour. NEARLY impossible for every one of my paychecks in the last year, to come out as round numbers. I have confirmed this with other employees, as their checks have been coming out to round numbers. The boss(es) have been informed time and time again of this issue, with nothing being corrected.


Here is my question. I have called DOL and reported this, to no avail. Apparently they are too busy, or don't really want to look into it. Do I have enough to file a class action suit, or some other type of suit, against my employer? I want the money that I am owed, and I'm sure everyone else in the company would as well. Thank you for your time...What is the name of your state (only U.S. law)?

 

[ecmst12]

Your hours can be rounded to the nearest 15 minutes. As long as the rounding is done consistently, it is perfectly legal and could easily cause your paychecks to come out to round numbers of hours.

The overtime fiasco sounds VERY illegal in your state though. Is the company too small to fall under the purvey of the DLSE?

 

[MattSCESC]

I was aware of the 15 minute round-off rule, but most of the time, its more than 15 minutes. That, honestly, I can live with. But the overtime issue is my big one.

I am unsure about the qualifications of the DLSE. The company consists of a parent company, and a DBA. We have 9 employees, 3 of which are salary, the other 6 are hourly. Maybe you can help me with the DLSE issue?

 

[ecmst12]

I know there are many laws that don't apply if a company has less then 12 employees. There should be some information on the DLSE web site that will tell you if that is the case in CA.

 

[pattytx]

Yeah, but overtime and paying employees for what they worked is not one of them.

File the claim.

 

[MattSCESC]

Thank you guys for your responses. ECMST12, as stated in your signature, I am after money. I've told my employer time and time again, to start paying us right (without the threat of going to the DOL), and he flat out tells us no. Now I'm pretty much out for blood. To compile the problems with this company further. I just realized that my hours are being changed on a day to day basis. Sometimes in the middle of the day, punches are being deleted, and replaced. So when I go to write down my total hours for each day, my numbers dont make sense, due to the punches being changed when I'm out on my route. I'm sick and tired of busting my balls, and putting in long hours, for an ***HOLE! What would get me more money? (I hope I'm appealing to the Attorney's here.) Should I just flat out sue him, and the corporation? Or go to the DOL, and just get what is owed to me? Again, thanks in advance for your guys' help. There are SOME good things about living here in CA. We have some of the strictest laws here regarding overtime and wages.


Almost forgot... I've brought this issue up to my supervisor time and time again, as I stated above, and he keeps telling me that we are exempt, because we are drivers. All of the research I have done, (granted I'm not too savvy in law) points to "commercial" drivers. IE: "over the road" drivers, or long haul drivers. Can anyone give me any insight on this?

 

[ecmst12]

If he's basing your pay on the hours you work and not a flat amount, then you're NOT exempt, even if you possibly COULD be exempt.

File the claim with the DOL.

 

[MattSCESC]

Awesome advice. I really appreciate it.