Monday, July 13, 2009

Could you help me figure out what law this violates and how I can fight for my pay?

Ok, I'll try to cover all of the bases . First off I am an assistant manager. I am supposed to be guaranteed 35 hours a week, I am only getting 20 and sometimes less. Even if I am there until midnight, I still have to punch out at 10:30, to make labor. I put in about 10-15 hours extra, unpaid. How do I go about getting any monies owed to me, and is there a way to do it without getting crapped on at the store level. I'm thinking of quitting because of this, It's unfair to me and my family. I'm away from them and not getting paid while I still do work in the store by myself.BTW it is in michigan. Thank you all if you took the time to read and answer.
Answers:
Contact the Wage and Hour Division of Michigan's State Labor Department. You are owed that money. Here's their website...

http://www.michigan.gov/cis/0,1607,7-154...
In your local phone book there should be a number for the fair labor people., or call someone at the local employment office, they will point you in the right direction. Bottom line, I would have quit a long time ago.
Well firstly I'm not 100% familiar with the law in Michigan. But surely you should be able to seek advice from the citizen's bureau or such? I'm in London %26 here you call up or go see the citizen's advice bureau and they will usually then advice you to confront your employer stating that you've sought advice from the bureau and you would like the money owed to you (perhaps even put it in writing). From then, the bureau should advice you further if your employer is still being difficult.

I know it's a tricky situation, I was in a similar one before. And as hard as it is to stand up to them, you have to. They have no right not only underpay you, but to reprimand you if you seek legal advice! Perhaps do a search on employment laws in Michigan?

Most importantly, don't let them walk all over you, they're continuing to do this because they know that you're letting them get away with it!

Good Luck!
First I don't know how do you allow this. Once you punch out you are out and no-one can ask you to do anything else. If you are "forced" (under threats) to stay then you can sue for unfair labor practices but if they ask you "can you stay?" then you cannot complain, they will claim you were asked and that you decided to stay as a "favor". So it will be very hard for you to get unpaid wages since they have proof (your punched out cards are they evidence, they can just say you are lying and they will win).

You have two choices; quit or stop being so weak, don't stay over unless they put a gun on you; or refuse to punch out if they want you to stay.

Wake up don't let people abuse you. They are unprofessional people it seems you work for K-mart. There is no future there. Quit.
WAGE %26 HOUR DIVISION
MICHIGAN DEPARTMENT OF
LABOR %26 ECONOMIC GROWTH
P.O. BOX 30476
LANSING, MI 48909-7976



LANSING - MAIN OFFICE
Hours 8 a.m. to 5 p.m.

WAGE %26 HOUR DIVISION
MICHIGAN DEPARTMENT OF
LABOR %26 ECONOMIC GROWTH
6546 Mercantile Way, Suite 5
P.O. BOX 30476
LANSING, MI 48909-7976
Tel: 517.335.0400
Fax: 517.335.0077
WHINFO@MICHIGAN.GOV


LIVONIA OFFICE
Hours 8:30 a.m. to 3 p.m.

WAGE %26 HOUR DIVISION
MICHIGAN DEPARTMENT OF
LABOR %26 ECONOMIC GROWTH
33523 West 8 Mile Rd., B1
Livonia, MI 48152
Tel: 313.456.4906


UPPER PENINSULA OFFICE

Tel: 906.482.3602


They will give you specific help with your situation. I wish you an abundance of peace and good fortune!
If the state you live in has any kind of descent State Government web site.It will have official State work comp rules which at minimum must meet federal regulations..d o search on workers rights and follow leads...if your "on the clock" and not salary...you have them by the ying-yang. But I am not a lawyer...a wise man once told me..."Choose your battles and choose them well"...that's all he said..?..but it made sense...
Here's another concern you should consider everytime you clock out. If you get hurt on the job after clocking out you cannot get workers comp. And to cover their own butt they'd fire you "for being off the clock" yet still doing work there in the store.
I wouldn't hesitate a minute to file a grievance with the board of labor relations in your state. But first, make sure you do all you can to rectify this problem in house. Your employers are well aware of the federal guidelines as well as your states mandates for their employees. Don't let them shove you around, make it clear to them that if their not going to be responsible for paying you for the hours you work, the department of labor relations will be more than happy to investigate their business policies. I was at a similar crossroads many years ago, I kept a daily log of the hours I spent on the job along with payroll reciepts and this is very important that you have documented proof to submit to prove your case. It took nearly two years once I submitted my complaint along with those documents but, one day in the mail box there was a huge check for all those hours, you could have knocked me over with a feather. The wheels of justice do turn. Don't be intimidated by your employer and by all means don't let this continue.

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