Submitted by FewTop2506 t3_zm36e7 in personalfinance
Hi all, I'm in Texas.
My partner is working $15/hr at Lash Lounge, her position is part time but she works 80 hours every pay period. At first, she was working 36 hours per week but it slowly started creeping towards 40 and even past 40. Her wages weren't adding up so she decided to track them her self, she's quite meticulous and notes as soon as she's in and as soon as she's out.
One evening, she clocked out at 8:54pm and noted it in her personal log. Upon arriving for work the next day she noticed her clock out had been changed in the company computer to 8:30pm. Only the manager and owner have access to change the logs.
This has happened several times.
After tracking her hours for the last pay period, she tracked that she worked 85 hours. Her paycheck was for 80 hours. She went back in through the clock in / out logs and there was a discrepancy of 2 hours between her logs and the company logs. The computer said she worked 83 hours but her personal logs said 85, presumably from the 20 mins from the end of her shifts that are taken off by the manager or owner. Either way, she was only paid for 80 hours. Officially missing 3 hours from her check, unofficially missing 5 hours due to altered clock outs.
I know this is wage theft, what can we do? Can my partner use her personal logs as evidence of wage theft? She deserves to be paid for 85 hours.
Or is the discrepancy from the employee computer the only evidence she can use? 83 hours to 80 hours.
To rub salt in the wound, there is an informational poster in the break room that says all hours over 40 are paid overtime.