Employer Not Providing Time Clock Information
My question involves employment and labor law for the state of: Arizona
My gf's employer does not provide any information for the employees regarding daily hours worked, clock in/out time, or overall hours worked for the pay period. A few of the employees starting using the print time feature on the computer to keep a printed time of when they clocked in/out (even thouth the print time feature only recorded the time when printed, not when actually clocked in/out). Many of the employees started noticing discrepancies between their printed times and the total hours worked on the check. When this was brought up to management, they denied any shortage, and added a password feature to the computer so the times can no longer be printed. I was under the impression that an employer had to provide accurate time information if requested by the employee. Also, what is the procedure for filing a complaint against the employer if they won't provide the information? Thanks for any help!
Re: Employer Not Providing Time Clock Information
I may be mistaken but the US Department of Labor can handle this type of situation. We have no way of telling either way, if she knows for a fact that she worked more hours (minus lunch) than she is getting paid for than obtain a employment lawyer and sue for back pay. However if its a small amount it may not be worth losing your job over, or causing more stress in the workplace. Is there another supervisor or owner that she can speak to and bring this matter to attention of them. COULD (not saying it is) be a payroll error.
Re: Employer Not Providing Time Clock Information
Quote:
Quoting
DonnyC
I may be mistaken but the US Department of Labor can handle this type of situation. We have no way of telling either way, if she knows for a fact that she worked more hours (minus lunch) than she is getting paid for than obtain a employment lawyer and sue for back pay. However if its a small amount it may not be worth losing your job over, or causing more stress in the workplace. Is there another supervisor or owner that she can speak to and bring this matter to attention of them. COULD (not saying it is) be a payroll error.
It is a small franchise store and there is only one owner. There are no breaks or lunch hours used, as the shifts are short enough not to require one (5-7 hours). It was not that big of an issue when it was only one or two employess with an hour missing here and there, but now there are multiple employess noticing larger and larger differences between hours worked/hours payed. One of the biggest issues we're having is actually proving the time worked. The owner has the authority to edit the in/out times, with no record of changes being made, therefore they can technically say they are in the right, since the computer prints whatever time they are entering, which looks a lot more official than an employee taking notes by hand.
Re: Employer Not Providing Time Clock Information
Actually, she'd probably get faster results by filing a claim for unpaid wages with the ICA (what Arizona calls its Dept. of Labor). The employer would have to show that she did NOT work what she claimed; editing the records would imply that she has not been.
http://www.ica.state.az.us/faqs/labor/wage_claims.html
In the meantime, she can keep a separate record at home of her hours worked.
Arizona does not require meal periods or rest breaks at all for adult employees, no matter how many hours are worked.