discrimation or not

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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

Answers:

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.


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