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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37808
Experience:  Retired (mostly)
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I had an issue where my direct supervisor took OT off my time

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I had an issue where my direct supervisor took OT off my time card, then wrote me up, for having to make the time adjustment. In the write up she cited a clock out error, instead of her noting she took my OT. I went to my senior manager to explain this among other harassment issues, and nothing has been resolved. She also changed my clock in time, and said it was the decision of the senior manager, who knew nothing about it. What should I do
Your only recourse is to file a complaint with the Division of Labor Standards Enforcement (DLSE). The investigator will try to convince your employer to fix the problem in your favor -- otherewise, you will have a hearing before an administrative law judge (ALJ), and you can explain your position, which I assume is that you actually worked the overtime. If true, then it doesn't matter whether or not the time was permitted by your employer. Once you work, you're entitled to be paid for your time, whether or not the employer expressly consented to your working.

Note: If you file the complaint, and your employer retaliates against you, for example, by terminating your employment, then you will have a lawsuit for "front pay" until the date that you find new employment. An employer cannot terminate an employee for reporting a claim to DLSE. Cal. Labor Code 1102.5.

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