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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19780
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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my wifes employer adds tow work weeks prior to calling in

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my wife's employer adds tow work weeks prior to calling in to a pay service thus avoiding paying overtime, ie 32 hours week 1,+ 48 hours week two equals 80 hours with no overtime pay for week two. Employer is exceptional poor at getting pay stub copies for several weeks after the fact or not at all.. can the entire office be audited for overtime ??
Wife has serious concerns about job security if only hers are brought to light. This is a 6 year issue.

Glyn Cotton
Hello,

Thank you for the information and your question. What you described, the employer combining two weeks to figure the right to overtime is generally unlawful. There are a few exceptions but those involve certain government employees like firefighters. But in any event, the law, both Virginia and the Federal Fair Labor Standards Act, is that an employer must pay overtime for any workweek in which the employee has worked over 40 hours at a rate of time and a half their regular rate of pay.

Your wife can file a wage complaint with the State. It is unlawful for an employer to retaliate against an employee for doing so. If she can get other employees to join in and all file wage complaints, that would be best in terms of showing a united front. They could also sit down with a local employment law attorney who could file suit on their behalf, but that would cost them money up front. Once the wage complaint is filed, the State will audit the pay records of the employer to see if they have been compliant with wage laws. Your wife can also inform the State that she is not the only one with this problem and that it is standard practice.

She can find out how to file her complaint by going to: http://www.doli.virginia.gov/laborlaw/laborlaw_forms_p1.html

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Hello again Glyn,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 2nd. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I received neither, thus my email. If you do have follow up questions, please feel free to ask them. Otherwise, if I answered all of the questions that you had, if you would take a moment to leave a positive rating, then the Site will pay me from the deposit that you left with them. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
Customer: replied 3 years ago.

Thank you your answer confirmed our thoughts, we will be going to labor board to have an audit conducted. Glyn

You're welcome and best of luck to you and your wife.