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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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My employer is not paying people their full wages. An

Customer Question

My employer is not paying people their full wages. An example ie myself. On 11-6-2015 I forgot my badge. When my supervise can into work I informed him of my error. He said,"ok I will take care of it." When I received my pay I was short 8 hours. The receptionist for the company who was also making me a new badge as I had lost mine during a bomb threat they had. Volunteered to help payroll because they were swamped with people who had not been payed. She informs me that I was marked as a no call no show.Which is three points by the way. She also said my Supervisor needed to confirm that I had worked,she then sent him an email asking him to confirm. I followed it up by informing him that I needed him to confirm that I had worked on the 6th of November. He replied with "I guess you don't get payed then.You should be more responsible." I thought he was joking until November 20th when I received my pay and the reimbursement was not there and payroll informed me that my Supervisor responded to their email with,"I can not confirm XXXXXXX worked on the 6th of November.I working the stockroom and sign and date documents al day. Plus I interact with maintenance and supervisors all day. I went back to my department collect some of the documents I signed payroll refused to exsept anything but my supervisors email. I then took it to human resource. At this time they are claiming the will pay me. However their a lot of people who do nothing but clock in and he no direct supervisor or their supervisors are refusing to confirm thier hours and are not being payed. Please advise?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

You need to report this to the Indiana Department of Labor in a wage claim. While an employer can certainly punish people for losing their badges (like a write up, demotion or reduction in hourly rate), they can't simply refuse to acknowledge your hours worked. The FSLA allows fines, but only for safety violations and even those my still recognize the minimum wage laws for your hours worked.

You need to file a complaint in the form of a wage claim so that the DOL can investigate the matter. Filing that claim is free and it is a protected activity, meaning that your employer can't legally retaliate against you for filing it.

http://www.in.gov/dol/2671.htm

Go there and file the claim and the state government will set this employer right.