my boss asked everyone to clock out and continue to work...is that legal. plus when a former employee asked for an employee handbook she was told if she asks again she will be fired. is this legal? if not how do i get them in trouble for this?
1 Answer from Attorneys
In most cases, it is wrong for a supervisor to require hourly employees to clock out and continue working. In some cases, time keeping sytmes require that there be a clock out by each empoyee for the daily activity to be compiled for the management activites and for accounting reprots to be started. In those cases, the true end work time can be later cahnged to reflect teh correct work hours. If yours is nto one of the situation (very few of the old systems are still around) then you and your coworkers may have grounds to make a viable complaint to upper management. Several large retailers were fined millions of dolars for doing what you say your boss is doing.
If Human resources or upper mangment dioe snto correct teh siotuation or prevent it from becoming routine, you may have to file aclaim wiht the wage and hour commission of the departmetn of labor, and possilbuy file suit in court. If you and yrou coworkers keep accurate notes as to dates and times, it will improve your impact at each level you attempt to address this wrong.
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