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omega_red_08 · Jul 27, 2009, 12:20 PM

Hello everyone,

I have been having a problem at work and I need some advice. Background information is in order to fully understand my complaint. The way I clock into work everyday is really unfair. It is all done on a computer web page and not directly on site. For example, if I get to work at 8 am, I'm not officially punched in until my computer is up, I sign in, and the web page registers it. Effectively, this robs me of up to 20 minutes each day. I am a part time worker and I have to pay for my benefits. Some weeks I work 40 hours and I get no over time and some times my manager changes my time so they meet the part time requirements. I work every week from 8 am to 5 pm and I only get 35 hours. I'm scared to talk to HR because I know I'll get fired. I read this post https://www.askmehelpdesk.com/human-...ng-376142.html
And its very similar.

N0help4u · Jul 27, 2009, 12:28 PM

You say you are punched in for 35 to 40 hrs but are you having a lunch break that they could be taking out of your time?

omega_red_08 · Jul 27, 2009, 12:46 PM

8am to 5pm is nine hours minus 1 hour for lunch gives me eight hours a day.

N0help4u · Jul 27, 2009, 12:48 PM

Okay
Have you asked them how it is legal for them to do that?
I would mention it to them like that before I made any real issue.

Justwantfair · Jul 27, 2009, 12:58 PM

First, why does it take twenty minutes to sign in and log on. If your work begins in the computer system they can technically pay your for your registered time on the computer. That means that you are required to be at work early with enough time to have your computer up and running so that you are logged in on time. You are risking termination for violating that even by a minute you can be considered tardy if that is their policy.

Second, it is a violation to not pay an hourly employee for all hours worked. So if the schedule is 8 a.m. - 5 p.m. with an hour off for lunch and you are working that all week your time log should reflect 40 hours, if they are only paying you for 35 because you were hired as a 'part-time' employee find out so that you understand that you should not be working 40 hours a week and if you are they are required to pay you for 40 hours a week. If you are fired for complaining then that is retaliation and that is illegal.

What you need to do is a formal letter to Human Resources and your boss, requesting an explanation of your time log and the adjustments. If they were to retaliate you would have a written document in your human resources file that would support your statement. If human resources doesn't follow up with your formal complaint, you would need to make a complaint to the labor law for your state. You can always contact a employment law attorney so that you are covered every step of the way. :)

omega_red_08 · Jul 27, 2009, 01:40 PM

Originally Posted by Justwantfair

First, why does it take twenty minutes to sign in and log on. If your work begins in the computer system they can technically pay your for your registered time on the computer. That means that you are required to be at work early with enough time to have your computer up and running so that you are logged in on time. You are risking termination for violating that even by a minute you can be considered tardy if that is their policy.

Second, it is a violation to not pay an hourly employee for all hours worked. So if the schedule is 8 a.m. - 5 p.m. with an hour off for lunch and you are working that all week your time log should reflect 40 hours, if they are only paying you for 35 because you were hired as a 'part-time' employee find out so that you understand that you should not be working 40 hours a week and if you are they are required to pay you for 40 hours a week. If you are fired for complaining then that is retaliation and that is illegal.

What you need to do is a formal letter to Human Resources and your boss, requesting an explaination of your time log and the adjustments. If they were to retaliate you would have a written document in your human resources file that would support your statement. If human resources doesn't follow up with your formal complaint, you would need to make a complaint to the labor law for your state. You can always contact a employment law attorney so that you are covered every step of the way. :)

To respond to your first paragraph, you sound just like management. My hours are 8 - 5. In order for me to be on time in the computer, I have to get there at 7:40. So I'm robbed of the 20 minutes I was already there. Not to mention if I come in and someone immediately hands me work to file or help a customer out. It's happened.

I know I'm working 40 hours, I keep track. I'm scared to do anything because with the way things are I'm expendable and there are probably hundreds of people that would take this job.

Justwantfair · Jul 27, 2009, 02:04 PM

Originally Posted by omega_red_08

To respond to your first paragraph, you sound just like management. My hours are 8 - 5. In order for me to be on time in the computer, I have to get there at 7:40. So I'm robbed of the 20 minutes I was already there. Not to mention if I come in and someone immediately hands me work to file or help a customer out. It's happened.

I know I'm working 40 hours, I keep track. I'm scared to do anything because with the way things are I'm expendable and there are probably hundreds of people that would take this job.

I am not trying to sound like management from the first paragraph but the law does protect them from this request. Many companies require you to be at your station ready to begin your day as soon as your time starts. As far as the requirements en route to your station, just let people know you have yet to punch in but as soon as you do you will get right back to them. Otherwise the conversation needs to take place with management to let them know so on the appropriate days when you are stopped that you can have your time modified as this is a problem preventing you from being 'on time' to work.

As for the second situation, your best bet if you want them to comply with the law and protect your job, may be to talk to an employment lawyer first, so that you are protecting yourself against any retaliation. If you are too concerned about what this may mean for your position in this economy, your only other choice is to only work the 35 hours that you are paid and speaking to your boss about what your new 'real' part time schedule is or not saying a word and knowing that in this economy a lot of people are doing more for less, have taken paycuts and hour cuts in order to remain employed because the alternative is so depressing. The economy is really turning this into an employers' market.

Hope everything else is going well for you. :)

omega_red_08 · Jul 27, 2009, 06:52 PM

JWF,

I know you weren't being snippy or anything. I can understand why they say that but to me it still feels like I'm not getting paid for being at work. Even if its 20 minutes, it's the principle of it.

I still am afraid to report this because if I lose my job, I'll pretty much lose everything. The job market around here is not good at all, even worse than other parts of the country. I'm being taken advantage of and I feel powerless.

I'm doing fine... Hope everyhting is well for you.

N0help4u · Jul 27, 2009, 07:02 PM

Originally Posted by omega_red_08

To respond to your first paragraph, you sound just like management. My hours are 8 - 5. In order for me to be on time in the computer, I have to get there at 7:40. So I'm robbed of the 20 minutes I was already there. Not to mention if I come in and someone immediately hands me work to file or help a customer out. It's happened.

I know I'm working 40 hours, I keep track. I'm scared to do anything because with the way things are I'm expendable and there are probably hundreds of people that would take this job.

That is the way jobs work. You need to be there 10 to 20 minutes before hand so you can punch in on time. IF they hand you work you are suppose to say you are not on the clock yet. When you punch in late it can get you fired.

Fr_Chuck · Jul 27, 2009, 08:14 PM

Workers in places like McDonalds sign in on the cash register, they have to be at work, in uniform and ready to go when they clock in.

I have to be in a medial office building parked in a parking deck, and in the building.

I can't see why expecting you to be at your desk is cheating you out of anything, expecting a worker to be at their work station and on time is just normal.

omega_red_08 · Jul 28, 2009, 06:54 AM

I can see the point you are all making about clocking in. I guess it would be easier for me to understand had they said from the beginning be hare a 8:10 am and not 8:30. It's just the way my brain works. No one told me up front that it took 20 minutes to clock in. I'm ever late it's just I feel the clock in protocol could be done better.

I don't know how this became a moral lecture to me but I'm going to do this for one more month. I'm going to keep up with my time for August and compare them to my time sheet again. If they don't match, I will write letters to the necessary people and state my case. The job market sucks but I have to do something. I feel unimportant and like I don't matter to these folks.

Justwantfair · Jul 28, 2009, 07:20 AM

A company will not ever tell you that you need to be there in advance to be on time, just know that more companies lean towards this and you will find this no matter where you work. My partners company is huge but to be 'on time' he has to be at his morning meeting at the start of his shift. That includes parking, walking a half mile through the parking lot, walking through the building to his office, signing in at his desk, dropping off his lunch in the break room and in the conference room for the meeting prior to the start of the hour. He is often at work a half hour to an hour before his start time.

Try not to let it get to you. The hours may be a matter that if you are 'part-time' they aren't requiring you to put in forty hours and may believe that you are of your own free will, which doesn't require them to pay you, if the agreement is 35 hours per week. You will need to have this conversation either way, even if it's just a matter of what your schedule is to maintain 35 hours per week and keep your job complete. If that can't be done, explaining why 40 hours is necessary for your position. A civil conversation about the problem should not put your job in jeopardy.