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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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Hello. Nearly a month ago I noticed a payroll error that seems

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Hello. Nearly a month ago I noticed a payroll error that seems to have gone on all year, 2013, in 2012, and perhaps even before that. On the time-clock reports it states for example, an employee will have worked for 7 hours and 45 minutes. When this data gets loaded into payroll, it get calculated as 7.45 hours, and this is what the pay is based on. This automatically decreases employee hours and pay. I reported this error to my manager upon discovery, and she agreed that this is erroneous. I do not do payroll. She claimed that she emailed the payroll department at headquarters (who are located in another state). She also told me not to tell anyone. A week later I asked her if there is any word from headquarters on the payroll error and she said no one has responded. She asked me again not to tell anyone. According to my calculations the company will owe me backpay, and probably anyone else who is paid hourly. I have not contact with our company's HR, the manager is our only connection to the corporate headquarters out of state. What should I do now? Thank you.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

What do you want to achieve? Also, how big is he company?

Dwayne B. :

the company?

Customer:

The company is based in Canada but has the majority of its locations in the US. I believe the company has approx. 8,000 employees. I would like to be paid what I am owed this year, last year 2012, and even before that if possible. I would also like the payroll to be correct going forward.

Dwayne B. :

You can contact either a lawyer or the Department of Labor. With that many employees there may even be a class action possible.

Dwayne B. :

That would be a pretty significant amount of money spread out over that many people for who knows how long.

Dwayne B. :

The Department of Labor has a page where you can file a complaint, would you like that link?

Customer:

Sure, thank you. How big of a risk am I of getting fired as my manager told me not to tell anyone? Do I have any interim protections once I file a complaint and an investigation is pending?

Dwayne B. :

They aren't supposed to fire you because you report a violation. If they do then you have a pretty good basis for a lawsuit. The website is http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm

Dwayne B. :

Reporting statutory violations like the FLSA and OSHA has protections, kind of along thelines of whistleblower cases.

Dwayne B. :

Anything else I can answer for you before I exit to assist others?

Customer:

Yes. If the error is only present at our location (I don't know anything about our other locations), which is only about 50 employees, does this change the scenario at all?

Dwayne B. :

No, the FLSA still applies and you should be paid correctly.

Customer:

Thank you, XXXXX XXXXX evening.

Dwayne B. :

You're very welcome. Enjoy the rest of the weekend.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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