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Old 12-23-2012, 10:45 AM
 
3 posts, read 5,538 times
Reputation: 10

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Okay here are a few policies my employer enforces that I believe to be illegal.
I work at a bar.
I also live in Minnesota, incase there are certain state laws I'm not aware of.

First thing, he set the clock in machine to 15 minutes ahead, so say you have an 8 o clock shift, if you clock in anytime past 7:45 it clocks you in as late.

Next, the minimum shift I work is 9 hour with the maximum usually 11-12 hours. Now we are not allowed any breaks except if we are smokers we can take 1 quick smoke break. We are also not allowed a lunch or food break and we are forbidden to eat anything during out shift.

Next, the bar closes at 2am, but we have to stay and clean till 3-4am. But we are forced to clock out at 2am and are not payed for those extra hours we clean.

Next I work over 40 hours a week usually and he makes me work every holiday. But he never gives overtime for either.

Next, he lets his two kids work there and they show up late to shifts all the time, and he does nothing about it! But if we show up late once we either get yelled at or fired.

And last, he never gives us paycheck a he makes us come in on our days off and wait around for him to show up and give us our paycheck in cash. And if we don't show up around that time we get yelled at, even though its our day off.

And two little things. He makes us put all our money a certain direction and flatten all the corners and if one isnt flat he deducts it from our pay. And he also puts way more then 10% under tips we make for our taxes.

Now I don't know if any or all of this is illegal but I am getting tired of it.
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Old 12-23-2012, 10:54 AM
YAZ
 
Location: Phoenix,AZ
7,705 posts, read 14,143,380 times
Reputation: 7045
If you're hourly, then your boss must pay time and a half after 40 hours in a week.

This is FEDERAL law.

And I don't think that they can make you work for free. So this clocking out thing then continue to work is most likely illegal too.

Break times vary by state; here in AZ employers are required to "offer" a 30 minute unpaid break if the shift is 6 or more hours.


And no way in hell can an employer deduct anything unauthorized from your paycheck.


Contact the Department of Labor in your area.

Find a lawyer that specializes in labor law.

Last edited by YAZ; 12-23-2012 at 11:00 AM.. Reason: add
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Old 12-23-2012, 12:11 PM
 
Location: North Fulton
1,039 posts, read 2,433,623 times
Reputation: 616
The Department of Labor in your state is a good place to start with. If you have the means, I would find a lawyer who specializes in labor law like the other poster mentioned. If you have evidence to show that this goes on, I would make an attempt to report the employer.

If you rather not talk to a lawyer and deal with the headache after you have reported the employer, go find another job now. What this owner is doing sounds illegal to me based on what you describe, but if you report him, he may figure out it was you and you lose your job right away. Personally, I would probably just leave it alone and find another job as soon as possible as this owner sounds unreasonable to deal with.
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Old 12-23-2012, 01:04 PM
 
10,231 posts, read 19,309,137 times
Reputation: 10906
Quote:
Originally Posted by Anon4544 View Post
Okay here are a few policies my employer enforces that I believe to be illegal.
I work at a bar.
I also live in Minnesota, incase there are certain state laws I'm not aware of.

First thing, he set the clock in machine to 15 minutes ahead, so say you have an 8 o clock shift, if you clock in anytime past 7:45 it clocks you in as late.
Odd, but that just means your shift really starts at 7:45. Might not actually be illegal -- but he has to pay you for time worked.

Quote:
Next, the minimum shift I work is 9 hour with the maximum usually 11-12 hours. Now we are not allowed any breaks except if we are smokers we can take 1 quick smoke break. We are also not allowed a lunch or food break and we are forbidden to eat anything during out shift.
Minnesota requires you be allowed a meal in any shift 8 hours or longer.

Quote:
Next, the bar closes at 2am, but we have to stay and clean till 3-4am. But we are forced to clock out at 2am and are not payed for those extra hours we clean.
Major violation, federal and state.

Quote:
Next I work over 40 hours a week usually and he makes me work every holiday. But he never gives overtime for either.
Making you work more than 40 hours without OT is a violation.

Quote:
Next, he lets his two kids work there and they show up late to shifts all the time, and he does nothing about it! But if we show up late once we either get yelled at or fired.
Not a violation; he can fire you for being late, and he can give his kids preferential treatment.

Quote:
And last, he never gives us paycheck a he makes us come in on our days off and wait around for him to show up and give us our paycheck in cash. And if we don't show up around that time we get yelled at, even though its our day off.
Might be a violation.

Quote:
And two little things. He makes us put all our money a certain direction and flatten all the corners and if one isnt flat he deducts it from our pay. And he also puts way more then 10% under tips we make for our taxes.
For the tip thing, you should keep a tip diary with your actual tips; you can then file with the IRS to get the extra withholding back. The standard for imputed tips is 8%, but I don't think it's actually illegal to declare more -- unless he's telling you one thing and the IRS another, in which case I hope he likes it in prison.

Deducting for the money thing is bizarre and illegal.

Note: I am not a lawyer.

Go to this website:
Frequently asked questions about employee rights -- Labor Standards; Minnesota Department of Labor and Industry

As for turning him in, I'd call the Department of Labor number on that website. Be aware that once you do so you're probably going to lose your job no matter how it comes out.
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Old 12-23-2012, 01:28 PM
 
3 posts, read 5,538 times
Reputation: 10
Quote:
Originally Posted by nybbler View Post
As for turning him in, I'd call the Department of Labor number on that website. Be aware that once you do so you're probably going to lose your job no matter how it comes out.
I wouldn't want to work there after the report anyway due to him most likely hating me for it.
But can he legally fire me for reporting him for stuff that is clearly illegal. This is how he treats all his employees.
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Old 12-23-2012, 01:30 PM
 
2,612 posts, read 5,602,470 times
Reputation: 3965
Quote:
Originally Posted by Anon4544 View Post
Okay here are a few policies my employer enforces that I believe to be illegal.
I work at a bar.
I also live in Minnesota, incase there are certain state laws I'm not aware of.

First thing, he set the clock in machine to 15 minutes ahead, so say you have an 8 o clock shift, if you clock in anytime past 7:45 it clocks you in as late.

Next, the minimum shift I work is 9 hour with the maximum usually 11-12 hours. Now we are not allowed any breaks except if we are smokers we can take 1 quick smoke break. We are also not allowed a lunch or food break and we are forbidden to eat anything during out shift.

Next, the bar closes at 2am, but we have to stay and clean till 3-4am. But we are forced to clock out at 2am and are not payed for those extra hours we clean.

Next I work over 40 hours a week usually and he makes me work every holiday. But he never gives overtime for either.

Next, he lets his two kids work there and they show up late to shifts all the time, and he does nothing about it! But if we show up late once we either get yelled at or fired.

And last, he never gives us paycheck a he makes us come in on our days off and wait around for him to show up and give us our paycheck in cash. And if we don't show up around that time we get yelled at, even though its our day off.

And two little things. He makes us put all our money a certain direction and flatten all the corners and if one isnt flat he deducts it from our pay. And he also puts way more then 10% under tips we make for our taxes.

Now I don't know if any or all of this is illegal but I am getting tired of it.
Bars are horrible places to work - never a professional atmosphere. Owners are generally alcoholics, drug addicts, criminals, etc. Fortunately it's easy to get another job like that - just move on. There's nothing you can do. Last time I tried to report a bar owner I ended up getting threatened by the cops on his payroll and then of course fired. He was paying off police, driving drunk, having sex with underaged girls, and probably worse. The cops told me to shut up about it or something bad might happen to me. Don't mess with bar owners - they have friends in low places.
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Old 12-23-2012, 01:32 PM
 
3 posts, read 5,538 times
Reputation: 10
Quote:
Originally Posted by marie5v View Post
Bars are horrible places to work - never a professional atmosphere. Owners are generally alcoholics, drug addicts, criminals, etc. Fortunately it's easy to get another job like that - just move on. There's nothing you can do. Last time I tried to report a bar owner I ended up getting threatened by the cops on his payroll and then of course fired. He was paying off police, driving drunk, having sex with underaged girls, and probably worse. The cops told me to shut up about it or something bad might happen to me. Don't mess with bar owners - they have friends in low places.
So true, the owner lets cops in uniform come in and drink after 2am when the bar closes...
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Old 12-23-2012, 02:07 PM
 
Location: Twin Lakes /Taconic / Salisbury
2,256 posts, read 4,514,034 times
Reputation: 1869
Wtf would talk about such things with a cop?? DOL is way to go and then just play dumb till youre sick of it since owner wants to play games.
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Old 12-23-2012, 03:37 PM
 
2,612 posts, read 5,602,470 times
Reputation: 3965
Quote:
Originally Posted by LRPct View Post
Wtf would talk about such things with a cop?? DOL is way to go and then just play dumb till youre sick of it since owner wants to play games.
Well, I did because the thing I was reporting was that he was paying off cops
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Old 12-23-2012, 05:24 PM
 
Location: Full time RV"er
2,404 posts, read 6,594,566 times
Reputation: 1497
Quote:
Originally Posted by marie5v View Post
Bars are horrible places to work - never a professional atmosphere. Owners are generally alcoholics, drug addicts, criminals, etc. Fortunately it's easy to get another job like that - just move on. There's nothing you can do. Last time I tried to report a bar owner I ended up getting threatened by the cops on his payroll and then of course fired. He was paying off police, driving drunk, having sex with underaged girls, and probably worse. The cops told me to shut up about it or something bad might happen to me. Don't mess with bar owners - they have friends in low places.
Thats why you don't call the police ! go the the labor board ( after you have located a new job)and file your complaint, they are the only one's that will get you the money he has stolen from you . He will be forced to repay all the back wages he failed to pay or screwed you out of . Good luck .
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