discrimation or not
Get Legal Help Today
Secured with SHA-256 Encryption
discrimation or not
My boss is Indian and we have all American workers but his mother in law. He recently hired a young Indian boy and cut all of the American workers hours, even people that have been there for 6 years like myself. He gave the Indian boy 83.10 hours for seven days of the work week. No day off and works from noon to midnight every day. We no longer have 40 hours for the work week due to this. When we receive our checks, his check is not with ours and neither is his mother in laws. Is this considered discrimination or not? Also he does not provide a time clock, we had one but it broke and he never replaced it and we have to write our time down on the schedule. He always says we was late or what have you to shorten our pay checks but does not provide proof. Is this Legal??
Asked on March 1, 2016 under Employment Labor Law, Kentucky
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It may well be workplace discrimination: illegal race-based work discrimination includes treating one race worse than another, such as by giving a member of one race more hours or pay or other preferential treatment, especially at the cost of reducing the hours/pay of members of a different race.
In addition, an employer must keep accurate time records for his hourly employers and must pay them for all hours worked (i.e. he can't arbitrarily shorten their time or reduce their pay without proof they actually worked shorter hours or were late).
You therefore may have two different claims against your employer. You could contact the EEOC or your state equal/civil rights agency to explore the racial discrimination claim, and the state department of labor to explore the incorrect time-keeping/shorting your hours claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.