In a recent case that epitomizes a sad trend in business today, multiple employees at Dollar Tree filed suit against the company claiming that supervisors had ‘shaved’ time or even ‘deleted’ time records to avoid paying overtime. In a story that is becoming all too familiar, two employees claim that their time records for stocking shelves at a local California chain retail store, Dollar Tree, were not accurately reflecting their actual work time, and their checks were coming up short. The lawsuit claims that managers tried to excuse the inaccurate records by naming the shelve-stockers as exempt managers who were salaried, and therefore unable to get overtime pay. But California law is clear, overtime for these employees must be paid, and any time over 40 hours a week may be eligible for overtime, even for managerial salaried staff.
Dollar Tree is not the only culprit though. Many larger companies are looking for a way to increase profits in a time of economic downturn, and are looking at ways to cut expenses to do so. Unfortunately, is easier for these companies to adjust the time records rather than trying to cut salaries to below-minimum-wage amounts. This kind of business ethic has another name: fraud. Both Federal laws and California law prohibits adjustments like this that leave an employee shortchanged.
It may take time for an employee to notice that they are not receiving all of their overtime pay. Often it is not suddenly a missing hole in your paycheck, but hours that are suddenly not recorded, time sheets that are changed, or a rate change that is only time and a quarter rather than time and a half. Employees have to keep a guarded eye on their pay stubs to notice the difference. However, if you suspect that you are being shortchanged overtime pay or rate, call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help. You may be able to recover your lost wages and overtime pay and get the paycheck that you worked hard to earn.