QUESTION
Can they make this (illegal) agreement retroactive?
Asked on Aug 07th, 2013 on Labor and Employment - Idaho
More details to this question:
My bosses made me sign an (illegal) agreement to work 1 free Saturday a month. Also in this agreement it says I work 37.5 hrs a week, (and I am ALWAYS paid the same amount every week for 40 hrs., for years and years) and will get paid 'straight time' on Saturdays. Now, as I should have been all along, I fill out a timecard. Since I started here in 2002, we have ALWAYS accounted for OT on an 8 hr a day basis. Now they want to go all the way back and make that 37.5 hr a week effective from the beginning, and 'assume' I took lunch on days I did not mark down that I didn't. And there were a LOT. How can they do this if there is no record? And how can they change the working hour rules before the agreement was made? I had no job description or "paid half hour lunch" before this agreement was signed. I usually ate at my desk and worked through lunch.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are many issues, especially if you are an hourly non-exempt worker.
Answered on Aug 16th, 2013 at 12:06 AM
You need to contact an attorney and provide all your information and documents so that an adequate review can be made about your situation.
Answered on Aug 16th, 2013 at 12:06 AM
I do not know the answer to your question. I suggest you go two places for answers. 1) first go to Wage and Hour Division (WHD) - U.S. Department of Labor. http://www.wagehour.dol.gov/ They have investigators that handle such claims. 2) Google this: wage and hour law This search should take you to many firms that give advice on their web pages. Most take telephone calls for free. If you have a good case, they often get paid only and when you win.
Answered on Aug 16th, 2013 at 12:05 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You need to meet with a plaintiff-side labor lawyer about this. Assuming you are a non-exempt employee, you are entitled to overtime in accordance with state law. Attempting to retroactively change your lunch or pay is unlawful.
Answered on Aug 16th, 2013 at 12:05 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report your employer to the Idaho Department of Labor.
Answered on Aug 16th, 2013 at 12:04 AM