QUESTION
What labor laws does this violate?
Asked on Sep 13th, 2013 on Labor and Employment - Virginia
More details to this question:
My boss has been docking my pay by making my breaks longer to save hours. What she does is go into the system and override my "End Meal" punches to make my breaks longer. For example, on September 3, 2013, I took about a 15 minute break. I clocked out at 6:25 and clocked back in around 6:37. I review my timecard statement and it had been extended to 7:00 and her name was beside it. From 6:37- 7:00, I was back on the floor working. I have written down another time she has done it and I am still looking through past timecards to make sure she didn't dock my pay during previous weeks. What actions should I take? Should I go to the department of labor? If I do go to the department of labor, what could happen to her?
1 ANSWER
This is a clear violation of the Virginia Wage Payment Act and the Fair Labor Standards Act, which requires that you be paid a minimum wage as well as overtime. If the missing hours put you over 40 hours in a calendar week, you are entitled to overtime pay for those hours. If the missing hours leave your effective hourly wage anywhere below $7.25, you are entitled to the difference as well. You can also get double damages and attorney’s fees in some cases. In addition, you can bring a breach of contract action for the unpaid wages at the full amount of your normal wage. You do not have to go through the DOL to initiate a complaint. You can file suit in federal court to recover all of those damages. My firm represents employees in cases of unpaid wages. If you are interested in pursuing a claim, please contact us to schedule a consultation.
Answered on Sep 20th, 2013 at 8:32 AM