What to do if my employer is violating labor laws?

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What to do if my employer is violating labor laws?

My employer has done things that are to me questionable regarding state law. I am a personal care assistant and in my job description it requires me to take my consumers were they want to go or have to go, yet I do not get mileage reimbursement. They also do not mail paycheck stubs out every payday to their employees. If we want them, we have to drive to the office to pick them up and for most employees it is quite a drive. Another thing is they capped my salary at $10 an hour without telling me. I was at $10 an hour and they told me I got a 3% raise. I didn’t notice this until I drove to the office 3-4 months later to pick up some paycheck stubs. Lastly, they will not pay overtime unless it is approved 2 weeks in advance. When we work 40 hours in a week and we are scheduled more or they ask us to fill in making us go over 40 hours a week, we still get regular pay. This stuff just doesn’t sound right and I have never worked for a place that has done these actions before. Can you please help me get some answers please?Are these things legal?

Asked on August 6, 2011 Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, you need to have a meeting with your employer about the items that you have written about to clear the air about your employment situation and wages/expense reimbursement. Potentially this meeting will make things better for both you and the employer in your work relationship.

If the employer is unable to meet with you or the responses to your inquiries are not satisfactory, you should have a meeting with your local labor department.

Many states require mileage reimbursement where the employee uses his or her vehicle for work related purposes such as transporting consumers where they need to go.

It is a reasonable requirement for an employer to authorize overtime in advance. However, when an employee is scheduled more than 40 hours in a week by the employer or is asked to fill in for another employee at the last minute where the weekly hours exceed 40 or 8 hours in one day, you should be entitled to overtime pay by law.

What you have described in you question are some possible labor code and labor law violations that need to be addressed by your employer first and if he or she is unwilling to do so to your satisfaction, you need to contact your local labor department.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, you need to have a meeting with your employer about the items that you have written about to clear the air about your employment situation and wages/expense reimbursement. Potentially this meeting will make things better for both you and the employer in your work relationship.

If the employer is unable to meet with you or the responses to your inquiries are not satisfactory, you should have a meeting with your local labor department.

Many states require mileage reimbursement where the employee uses his or her vehicle for work related purposes such as transporting consumers where they need to go.

It is a reasonable requirement for an employer to authorize overtime in advance. However, when an employee is scheduled more than 40 hours in a week by the employer or is asked to fill in for another employee at the last minute where the weekly hours exceed 40 or 8 hours in one day, you should be entitled to overtime pay by law.

What you have described in you question are some possible labor code and labor law violations that need to be addressed by your employer first and if he or she is unwilling to do so to your satisfaction, you need to contact your local labor department.

Good luck.


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