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Paid Straight Time for Overtime Hours

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  • 06-21-2010, 11:33 PM
    admor
    Paid Straight Time for Overtime Hours
    My question involves employment and labor law for the state of: CA

    My former employer has paid me straight time for all hours. I'm now asking the Labor Board to have them pay me OT for hours over 8/day & 40/week. Employer is disputing the OT hours as some of my clock in/out were manually inputted rather than swiped. The manual inputs are to correct missing swipes or to record times doing company errands on my way to or from work. Employer is the one that okayed any time worked. Employer is the one that would tell me to do the errands before coming in or on my way home. This was done for other employees as well as myself. Unfortunately, I'm the one responsible for manually inputting times & making any needed corrections. How do I defend myself? :confused:
  • 06-22-2010, 06:28 AM
    LawResearcherMissy
    Re: Paid Straight Time for Overtime Hours
    Quote:

    How do I defend myself?
    With the truth. Surely you have people willing to attest that your employer signed off on your manual inputs?
  • 06-22-2010, 07:19 AM
    PattyPA
    Re: Paid Straight Time for Overtime Hours
    And legally, it is the employer's responsibility to keep accurate records of time worked, not yours. Did the supervisor initial or otherwise approve the time card with the manual entries?

    When you file an unpaid wage claim, the onus is on the employer to prove that you didn't work the hours claimed, not the other way around. Besides, if they paid you straight-time for those hours, sounds like they're already admitting you worked them.
  • 06-22-2010, 09:49 PM
    admor
    Re: Paid Straight Time for Overtime Hours
    Thanks, PattyPA for the info. I was pretty sure that if they paid me straight time already that means they agree with my time. I'm working on getting the other former bookkeeper to be my witness. The other witnesses are the employees still on staff with the employer, so aren't much help to me. One already lied at the conference and the others haven't told the truth in their written statements. If I could question them at the hearing I could poke huge holes in what they've said. How do I get them to be at the hearing for me to question?
    Also, one of the partners told my counselor at Dept of Rehab that she thought I was drinking & taking my meds, that I was sloppily dressed, that I was "frustrating" her & "embarrasing". This was 2 months after DOR paid 1/2 my wages for 90 days for OJT. She is telling the Labor Board that DOR wanted me to have monthly evaluations after the OJT. This wasn't in the contract and I was NEVER told there was a problem. Needless to say, but I will anyway, none of that is true. Thanks again!
  • 07-13-2010, 03:35 AM
    admor
    Re: Paid Straight Time for Overtime Hours
    I have a date for the hearing with the Labor Board. I'm tempted to have an attorney there. How do I find a non-ambulance chaser/shyster in the Monterey, CA area? How are their fees figured? I know the initial consultation is usually free but I don't want to drive all over creation to get a decent one...
    Thanks!
  • 07-14-2010, 05:43 PM
    PattyPA
    Re: Paid Straight Time for Overtime Hours
    Based on the details in your post, I don't think you NEED an attorney.
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