Blud4BludGod
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Party and events coordinator/office admin. There were some mild to moderate red flags in the first week of training, but no hard no-goes like this. This was supposed to be a transition away from manual labor into a more managerial side of the same field I've worked in for a long time.
In the state I live in, if you work more than six hours without taking a meal break, you are entitled to time and a half after the sixth hour and a bonus hour worth of work paid. 6 hours and 2 minutes without a break? Legally you should be paid for 7 hours and 3 minutes. This employer apparently thinks that's too much and instructed me that their SOP is to add in lunch break punches on the backend for anyone who goes over. Worked 6 hours and 1 minutes at this place? Paid for 5 hours and 31 minutes. And the people this is being done to work a lot more than that, seems like 10+ hour shifts are the norm, which is pretty normal for event work. I know what that work is like, I've done it- if you don't take a break, it's because your boss didn't bother to account for one. And this business apparently doesn't. That's 2 hours of paid time they are being robbed of (the bonus hour + the extra hour from OT kicking in at 6 instead of 8) every time this happens, most of the shifts they work. What a load of absolute fucking bullshit.
I'm sad. This job was supposed to be a good thing. I've been unemployed for months leading up to getting it, and just having any income lined up was already such a relief, let alone a good one. But I can't turn around and undercut the livelihoods of other people to obtain that. I've also completely lost trust that my own pay (which was to include things like bonuses and commissions on parties I work) will be delivered as promised. It's just a hard no, they can't walk that shit back.
Gonna call out sick because fuck 'em, then go in tomorrow and tell as many of their kitchen and event staff as I can find on premises that their boss is shaving off their hours and committing wage theft, then hand in the key they gave me. I'm gonna look up what government agency their workers should contact to request an audit/investigation, and print up some pamphlets to hand out to them. I ain't no fucking class traitor.
There's a bit of schadenfreude in it at least. Their current coordinator is quitting to move cross country soon (this was not explained during the interview process, and my position was described more as a support for them instead of a replacement, which was one of the first red flags), and I can tell the owner is *really* betting on getting me trained up within the next couple weeks and having me assume that person's responsibilities before their moving date deadline. The owner has no one else to handle those tasks, doesn't seem to be interviewing any other people, and I can tell that he doesn't know shit about fuck in terms of how to do those things himself- critical tasks like scheduling orders and building quotes, that his business cannot run without. He's going to *really* be up a creek when he gets put right back at the start of the interviewing process for that role, and I can tell that this will actually hurt him. Even if he somehow manages to ride things out and find a replacement in time, which seems unlikely, he'll be pulling his hair out for a few weeks stressing about it. Sucks to suck, I guess.
Tl;Dr New job, seemed great on paper, expected me to compromise morals in a way I refuse to.
Green11ndys
We unionized our events job, didn't get us much of a pay raise, but we do actually get breaks now and access to the Union hiring hall where a single shift can basically equal a single paycheck from the events job.
Columbus43219
Keep the job, report them. They will get new management and you get to keep working. DON'T do the "honorable" thing and bring it to the attention of management. That will get you not only fired, but fired for cause somehow that's not real but will disqualify you for unemployment.
SharlayTheBarbarian
/antiwork will have some advice for you, but never quit, make them fire you.
zisguyheeya
Just file them as you’re supposed to, not as you are told. I did this for years, ignoring a direct order that later turned into a lawsuit. Got paid in the meantime, and did not get fired with the perpetrators when the axe finally fell
JustAnOldLurker
Or... Do the job without falsifying information, and if they fire you then go to the labor board (with proof you gathered there).
JustAnOldLurker
And possibly a lawsuit against the owner, with you being covered under whistleblower laws or something? Dunno.
fantabuloustimewaster
I am an hourly team leader at a place with a rule like this. We would occasionally need the six-hour part-time people to stay over a few minutes, and they would complain about their pay being docked. I told them to leave on time, and if the job didn't get done on time because of short staffing, that was management's problem. Eventually our shorthandedness delayed an airplane launch, the management got written up, and the illegal timecard shenanigans stopped.
thebeanzmemez
Also a team manager and last week reminded everyone to take their lunch breaks and prioritize their time, because I’m sick of companies squeezing more out of people.
IANALAMA
form a worker's union and build a guillotine in front of the CEO's office
imitatedself
You should take notes and try to get as much as possible in writing over a couple of weeks first
imitatedself
only AFTER you have evidence, should you go in and tell everyone and ruin the company. You should also contact an employment lawyer.
Jawesome19
What he is describing is unfortunately completely legal and it's actually illegal not to do this. The employer puts the ownership on taking a break on the employee and states that the employee must take a 30 minute unpaid break while working over a certain period and will be accounted for in the working hours. The employer HAS to do this or it's actually illegal. What's illegal in this sense would be making them work during an unpaid break
SolarFlaair
Sounds like you are working for a hospital where we are docked lunch even if you don't take it because you couldnt abandon several dying patients. They say get one of the other nurses to cover for you. Oh, someone is capable of dealing with 8 critically sick patients when 4 is overwhelming? Doesnt work. And if something happens when you are at lunch, enjoy the jury time and possible jail.
maxredspeed3
Don't quit. You have an amazing opportunity to do a TON of good.
1. Get evidence of everything. Copy anything you can so that you have proof that can't be removed or destroyed.
2. At the same time, don't falsify anything moving forward. Quietly pay them what they are owed.
3. If anyone mentions it to you, play the new guy card and act like you need them to explain it again (record it if you can)
4. After you've had time to get all the evidence and documentation, THEN start showing the staff /1
maxredspeed3
/2 how they've been getting fucked over.
5. At that point, you also want to contact your state's labor board with all the evidence you've been collecting, and contact a lawyer as well to protect yourself.
I know how frustrating it is to see a company steal from workers like that, but you have a chance to not only help out the little guys, but also royally f*ck the company and the people who think this is OK.
littlecoatfatguy
Do not do what you're planning until you're holding onto copies of documentation. Ideally, emails from management telling you to do this.
It's a tough thing standing up for your friends and coworkers, especially when it's going to cost you to do it. You're a damn solid person for choosing it.
nitemayr
Keep the job, gather hard evidence, HARD evidence, get it on record, Get it secure and then do what you will, but DO NOT, and I cannot overstate this enough, DO NOT rely on hearsay and even your own memory.
nitemayr
Quit when you have a place to go, and only then, tell who you want, but quitting on principle helps no one "today"
Tarmaccian
Check with a lawyer before any kind of "gathering evidence". There are usually hard restrictions on what you can and can't collect legally, and crossing that line is a great way to not only undermine the case against the employer, but also to open oneself to liability.
getthismanabeer
Do not quit yet. Document document document and initiate the investigation while you're still there. Check with your state law but there may be bounties.
Also even more shitty that they're taking that 6h 2min punch and turning it into a 5h31min punch instead of a 5h31min punch and a 32min punch.
JinxRocks
HR in my company is separate from payroll. HR has told us to record conversations with payroll before for similar issues. It puts the company at serious risk of fines and oversight, which they do not want. Check to see if your state is a single-party-consent state, or if there is no expectation of general privacy in the workplace for your role (there will be for person-specific items for PII.PHI. PFI stuff, but operationally, unless its confidential/trade secret, its fair game in most states.
Tarmaccian
It's often said here that "HR is not your friend", but HR and employees generally both want the company to not do illegal things. Still, I'd advise getting a lawyer first.
bobgunrunnersmith
Sounds like a class action. Document as far back as possible, mail hardcopy to DOL. The DOL really enjoys this sort of stuff. Keep it a surprise for everybody involved. And act shocked when the news breaks.
fractalsphere
Wage theft is a real crime, and if you've been instructed to do that, then your choice is either report it NOW or be complicit in the crime against all those workers.
bj52398
Falsify overtime.
BrendonDugan
Take the job. Do the job according to the law. If they discipline you for it, gather evidence and take it to the labor board.
PballQhead
I'm gonna second what people here are saying about staying onboard and being an informant, but I'm gonna go one farther. Check your state's recording laws, if you're in a "one-party" state, where you can record someone else talking to you without their consent…secretly start your phone recorder when your boss comes to talk to you about falsifying the time sheets. If you can get him on tape admitting he knows the demand is illegal, hoooo boy!
DocTanner
As others have said: Don't quit, and don't tell staff. Report it to your state's labor board (or equivalent.) Then just do their hours correctly, in compliance with state law. If your boss corrects you, ask for the correction in writing, and add that to your report. If you walk away, they'll just find someone else to steal for them. If you stay, you can help actually fix the problem.
bro02tc
Don't leave I've seen other employees places file complaints with the labor board and they asked for help to prove the theft was going on then look at all employees pay for x number of years and fine them with required reimbursement to all employees plus intrest and additional costs to the employees
mageoflime
Contact an employment law lawyer in your area. Most will take on the case without upfront cash for something as open and shut as this. Make 'em bleed.
Mayfly10
Single party consent for recording? Act stupid, bring in a print-out of the rules that say you need to take a lunch break and insist that you need to take one by law. Get them to 'retrain' you/threaten your job about this issue. Record it. Build a solid case and take it to an employment lawyer. You won't improve anything by rage-quitting.
Like2Fox
You're not going to be much help by throwing a tantrum from the top of your high moral horse. Why don't you continue working, and diligently document the extent of the wage theft. And then contact the State with evidence at hand. The more comprehensive the evidence, the better.
NightlyReaper
What is @OP supposed to do about a JOB while they're winning that victory for the State? Does the state give out Good Citizen bonuses while you're being fired from the place where you violated NDA by revealing their (admittedly illegal) internal business practices?
I think that wage theft ought to be punishable by 100% liquidation of the thieves' assets. They like stealing people's livelihoods, let's see how they do without theirs. Fuck 'em. But OP needs a job too. How will OP find a job?
getthismanabeer
Lol NDA does not preclude you from disclosing illegal shit. Lick boots. "How will OP find a job?" The advice was not to leave the job like Op is considering already... like - what?
Like2Fox
They should continue working as intended. The company will pay the fines, reimburse the workers for the stolen hours and then ideally continue to operate. Simply leaving is going to change nothing
happyhappyist
A: NDAs can't cover criminal activity. B: what Like2Fox says above/below.
drduffer
They’re violating Federal Law and if you, as a whistle blower are found to be correct if you report it, you’re entitled to a percentage of the settlement, I believe.
For some whistleblowers, this has meant 10s of thousands of dollars.
I believe the agency you want to contact is the Federal Labor Relations Commission or Board.
Good luck. Send me a tip when you win.
Tarmaccian
Get a lawyer first. There are legal requirements to actually have whistleblower status. Offhand, one resource I know to start is https://whistlebloweraid.org/ but something local may be better.
drduffer
Oh, and I forgot. If you’re still employed and you tell them that they’re breaking the law and they fire you, you’re entitled to compensation and penalty when you file the inevitable lawsuit. Consult a lawyer for details.
This is a real deal. Do it!
LittleDragon
Find a lawyer. You are doing great. Hate to say it but almost all employers are doing something wrong. Not always as illegal as this but still wrong.
Fishinlaw
There's no need for a lawyer there are government agencies that deal with this
Tarmaccian
Even when dealing with those agencies, the lawyer's job is to advise the whistleblower how not to commit crimes. As one example, gathering evidence of an employer's crime often turns into theft or various "unauthorized access" crimes, which the whistleblower is still responsible for. Always get a lawyer.
Hooffartedyeahhh
My employer, a state agency, is committing wage theft in 3 ways. 1. No OT for +40 hrs in weeks w/ a holiday because they pay a holiday differential. 2. They don’t put hours worked on the days they’re worked which results in miscalc of OT. 3. They calculate the regular wage amount for OT (which varies week to week due to differentials) in the first pay period of the month, but if it’s different for the second pay period, they deduct $. Can’t find a lawyer to help, but they agree I’m right.
Blud4BludGod
In the immortal words of the Chef who taught me food safety laws when I was in culinary school- "You know, the health code is kind of like traffic laws- *everybody* is breaking part of it here or there. And as long as no one gets hurt, it's not a big deal."
Adalias
This. Don't take random internet stranger advise. Get an actual expert on the laws in your area.
BillHubbard
Almost all employers do something wrong indeed. The question is if it is intentional or accidentally.
This is obviously intentional. And yes @OP should report it to the proper authorities. And quickly enough to be implicated for participating. Just to be sure of how to best approach this legal advice may be needed.
marbiter
Don’t quite. Instead maliciously comply. Give every employee what they’re owed. If the owner complains ask them for the correction in writing. Keep a journal to protect yourself for when they fire you.
MADchemEE
Nay. (Well, , above plus)I thy be found in a state with "single party consent", feel free to record whatever time supervisor hath to say to thee.
cassidyscroden
Love this idea, hope you can do it
iusedtodream
This.
Fishinlaw
Yeah this is pretty good advice do everything legal, record everything and surreptitiously let the employees know they've been getting ripped off for years. Also go ahead and contact the labor board and give them a heads up and let them know you want to be a whistleblower so your identity doesn't get revealed.
Tarmaccian
Get a lawyer first. There are legal requirements to actually have whistleblower protections. Offhand, one resource I know to start is https://whistlebloweraid.org/ but something local may be better.
zechor
Take the job, keep records, and do the job the legal way. If the boss doesn't like you paying them out correctly then ask for the instructions in writing and pass that on to the labor board. You might eventually get fired, but in the meantime everyone will start getting paid correctly.
spacebaIIstheaccount
And depending on where they are, if @OP keeps good record of everything going on there may be a lawsuit if they get wrongfully terminated
feryooday
Yes this is the right way to hopefully OP reads it
PrincessFister
Collect evidence before you walk out the door. Otherwise they could pin libel on you after you tell the staff what's going on. Stay safe while getting the fuckers. Go you for doing something about it. I'm proud of you.
sylkysmooth
Yeah. I kept the whole operating handbook of each of my jobs while I worked there and got a new updated one whenever it was updated to protect myself and my coworkers. I read through the boring ass thing and corrected managers and other bosses whenever need be. If this is their SOP then you'd think they'd have it in their handbook or just in whatever they keep their policies in/on. I'd say go through it and use that. If it's not there then it's obvious whomever said that is lying, likely to >
Blud4BludGod
That's good advice, thank you. I think I'm probably going to do what the other person in here suggested and just whistleblow to the labor board. That makes more sense than what I was planning. I'm not thinking super clearly, I've been up all night stewing about it. I think it's time to go to bed.
JustAnotherRabidToaster
2nd the evidence. It's a must, if the company has any pull in the industry, you'll be blackballed...make sure you have proof!
gitguuud
I’d recommend the following: 1) leaving a month or so before contacting the whistleblowers line or 2) staying on until the investigation starts. Makes it less likely for retaliation.
FallingStar7669
Don't act on emotion; simply let it fuel you, let it drive you to Sun Tzu levels of absolute victory. Get mad, but be smart.
PrincessFister
That is better advice. I didn't know that was a thing. Still with evidence if possible, could it help the labour board?
I hope you find a new, even better job soon. Best of luck
rubypilgrim
this is absolute essential advice. Without the hard evidence, you're just a disgruntled employee with nothing to back up your charges. GET THE EVIDENCE. Try to get evidence proving that this was policy directed by the company, not just an action by the person who previously held the position to make themselves look good.
mohavewolfpup
Exactly this. Set them on fire after you gathering the kindling they provide for the fire
SpacecouchCowboy
Ask for confirmation of the hour thing in writing. If they are dumb enough it's open and shut. Plus you get to see them squirm. "Dear Boss, I wanted to make sure I have the hours calculation correct. You asked me to always take an hour off the back of people's hours to account for if someone works through their lunch break, correct?"
jankeydadondc
I mean. Word it differently but, you got the spirit.
NaughtButOne
I wouldn't do this. That'll tip them off. Check if your state has "single party consent" for recording (it probably does). Set your phone to record audio and call the person over. Ask them, "was it the 4th hour or the 5th hour that you wanted me to insert a break?" Act cheery, act compliant, non-chalant like obviously falsifying break reports is a totally normal thing to do, and then go from there.
zanaria
You should anonymously contact the labor board if there is one in your area. Report it as wage theft.
ActionJohnnie
Be an anon hero.
Heavenissize17socks
And @op, don't take no for an answer.
nichoGifHero
Definitely contact labor board. Also try to get them telling you to commit wage theft in writing. If they just verbally tell you, then it becomes a he said/she said/ they said argument. If it’s in an email or text or memo, then it’s “company policy” and much worse for them. Also if you can gather time cards turned in by employees vs pay stubs, that is a good way to track the theft. Burn them from the inside while you can.
MasterMookie
It is wage theft.
RealSaltLakeRioT
This is the way. You can use whistle.blower laws to protect you. This could have been going on for longer than you've been at the company, so there could be dozens more staff that have been underpaid. Don't just help the current employees, help all the former employees as well!
rfleming1080
Unless it's with Boeing, then just leave and pretend it never happened.
Gayforbae
I know Boeing is big, but i didn't know they had a party division....
jankeydadondc
Oof
Blud4BludGod
That's probably a better idea than what I was thinking. Thanks, I'll look into it.
Avenkal19
Also document everything that you can.
SuperRockinMrMagic
Get that guidance in writing before doing anything
Leithoa
The state attorney general should have someone interested in as much info as you can give them. Documents matter over testimony.
CodyWeber
You can even wait an arbitrary amount of time to shift suspicion from you
Northstar219
This is legal for the company to do in some states. So long as it is written somewhere in an employee contract or handbook.
I'm not saying it's right, but they might not be breaking any rules to do it.
I would still contact the NLRB to report them. They probably aren't following the law to the letter, but they're probably a lot closer than one would think.
2graves
In no state can you dock pay for time worked
Northstar219
You're right. But they don't see this as the same thing.
If the employment contract says that at 6 hours, employees have a mandatory 30 min break. They actually view it as "theft of time" if you skip those breaks without permission from the employer.
It's shitty. It's super shitty. But it's legal. Years ago I worked for a Company that did the same and when I contacted the NLRB they told me there was nothing they could do. My employer was "compliant"
Northstar219
The thing about it is, there must be very specific language in the employment contract, signed by the employee to make the action compliant with the NLRA
2graves
Unpaid lunches need to go away in general. Hopefully we'll get some reforms if elections go well this year.
LuminoZero
Don't just quit. Report them to the labor board, and then do your job LEGALLY. If they get upset with you, record everything (in writing, or with your phone if your state is One Party Consent). When they inevitably fire you, you'll have them dead to rights on retaliation charges, which will be a very nice windfall while you look for your next job.
adricar
Thank you!! This is exactly what they should do!
knappy2010
Also, get access to your old time punches if possible. You could end up with back pay for any lunches they screwed you out of.
zanaria
Where I live if an employee punishes an employee for going to the labor board, the employee can file another complaint with the labor board
CHARCHIMUS
EXACTLY, this is the way! Be the inside guy. Even better, get FIRED for not complying with this illegal practice, and pay the people what they are legally entitled to. Use the time youre there to get paid, job hunt knowing youre leaving, gather evidence of illegal wage theft, ensure at least for a time the employees are being properly compensated, AND HOPEfully get fired after not following company policies. Youre lucky, this is a win/win/win/win/win!! Then report them, smoking gun in hand.
PineappleLoopsBroether
@op the above comment is the smart play to fuck them real good and come out on top. No need to sacrifice yourself and have nothing to show for it.
michealangleo
@blud4bludgod did you do this and play them? or walk out?
Blud4BludGod
I went in, I copied their payroll history folder to a USB, which includes pay punch records and final payout documentation and demonstrates the illegal changes. I went to a post office after that shift and mailed them their key, then sent an e-mail telling them I refuse to work for a company that engages in practices like that. Working on submitting a complaint to the labor board in my state now, first I want to consult a lawyer and make sure the data copying was legal.
Blud4BludGod
Could I have played a longer game? Yeah. But being around people who do shit like that comes at a significant mental cost for me, not worth it. I don't really care if I get a payout or not, I just want them to be held accountable.