What is the law on shaving hours in Wisconsin?
Ok I have two examples: Let's say someone works over 40 hours in a week but the company only pays them for 40 and changes their time clock to show that they only worked 40. Is that legal and if not what can be done about it? Second example is pretty much the same idea just 36 hour limit instead of 40. They work more than 36 and sometimes more than 40 but yet only get paid for 36. How can a company get away with this?
When customers come in at the last minute and take their time you don't get out on time. Also when you can't take a lunch because the work doesn't allow time for it but yet you have to be there for said schedule or get called in early to cover someone who did not show up, you sometimes go over hours.
One other thing I wanted to add is, if I were to file a claim, would I have to worry about my job being at risk? The person in example #2 (we will call him Frank) already had his job threatened in the past. Because the problem is we could report it, they could get in trouble, they could find a reason to get rid of us, and then what? Frank did some seasonal work that usually gets paid at the end of the season. The last season it was available, the employer paid less than what Frank calculated. So Frank called HR and the time cards mysteriously could not be found. So there was no proof as to how much it should have been. When he tried to question it, he was told if he was not happy, "there's the door." So I am just wondering what kind of protection is there, if any, to keep our jobs or anything? I don't know maybe I am asking too much...
- Plea_of_insanityLv 51 decade agoFavourite answer
You must be paid for all hours worked. You can file a complaint with the U.S. Department of Labor, at (866) 487-9243.
Same goes for the State of Wisconsin. You can file a complaint with the Wisconsin Department of Workforce Development, at (608) 266-6860.
- WRGLv 71 decade ago
Federal and most state law requires that there be an accurate record of the hours you work and that you be paid for all hours worked and that you be paid 1.5 times your regular rate for any ours during the pay week that exceed 40.
If you employer is doing any of the things you asked about you need to file a wage claim with your state's department of labor.
I don't know if WI has any applicable laws, but the federal Fair Labor Standards Act requires that employees be paid for all hours worked. FLSA also requires that overtime be paid for any hours worked over 40 in a pay week for most workers. The WI or federal DOL will investigate if you make a report to them. The DOL may also decide to sue your employer.
- Bob BLv 71 decade ago
I'm quite sure that both situations are illegal under any state's labor laws. (They may also be illegal under federal law.) Any company doing this would be in big trouble if they were reported.
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Why would someone work the extra hours unpaid? And falsifying anything official is usually illegal.