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  1. #1
    Join Date
    Jun 2017
    Posts
    1

    Default How to Get Compensated for Unpaid Hours

    My question involves labor and employment law for the state of: Maine
    Hello everyone, I started working for a company(restaurant business) in April 2016 and since the restaurant was closed and will be opening in May 2016 may manager told that he will "Bank" my hours and will pay them when the restaurant will be open. So I have worked 144 hour during this period of time. My manager was adding few hours on my paycheck every week till the month of September when we had a constructive discharge and I have got paid only 44hr and 45min and still had 99hr and 15min of unpaid time. After I went to already me Ex-Employer I spoke to manager that "Banked" my hours and he said he does not anything about that and he is not allowed to bank anyone's hours. I have contacted Department of Labor in state of Maine and they told me that since the hours were "Banked" they cant help me and I have to go to the Small Claim Court. I have already schedule a small claim court on October 2017. The problem is my employer refuses to give me a "Pay History" and they told me I have to get a Subpoena to obtain those records. Also the only prove of the hours I worked is the photo of my hours that was written by my ex-manager. There were people that saw me working for that period of time and I spoke to them and they do not want to testify in the court(because they still work for that employer)
    I do not really have the money to spend to hire an attorney and I am wondering if anyone has any thoughts have I can prove that I actually worked those hours.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unpaid Hours

    THat's an entirely stupid answer for the Maine DOL to adopt. Banking hours is in this manner (presuming you are not an exempt employee) is illegal.
    Try a federal wage complaint.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unpaid Hours

    Before you do that, call back the DOL in Maine and ask to speak to a supervisor. You'll lose money going through the Feds instead of the state.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Unpaid Hours

    I'd take another shot through the Maine DOL. This time don't mention any banking of hours mainly because they may not fully understand what you are talking about. Just tell them you were never paid for them as is true.

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