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Disciplinary discrimination
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Disciplinary discrimination
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I work in California and am a salary non exempt employee. Management has stated no overtime unless approved.
Employees openly and willfully work through lunches, breaks and overtime and do not seek
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Forums » Topic Forums » Legal Forum » Disciplinary discrimination
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Disciplinary discrimination
posted at 10/11/2009 6:36 AM EDT
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Posts: 2
First: 10/11/2009 Last: 10/11/2009 |
I work in California and am a salary non exempt employee. Management has stated no overtime unless approved.
Employees openly and willfully work through lunches, breaks and overtime and do not seek compensation for overtime by recording only an 8 hour day. Note: Employees have the option to time stamp or manually enter in our time. Time system round up and down at 8 and 7 increments respectively. Can an employee be written up if they enter an 8 hour day but their records show differently? (i.e. time out manually entered as 5 pm, for an 8hr day, but system shows entry made at 5:18 pm) If management is aware that a number of employees are working "off the clock", is it discrimination if only one individual is being issued disciplinary action for working "off the clock" or unapproved overtime? Note: hours claimed by employee is only 8 hrs but system entries may show differently. |
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Disciplinary discrimination
posted at 10/11/2009 6:52 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
A couple of things.
Yes, it's discriminatory to single out one employee as you describe. However, unless the discrimination is based on an illegal reason such as race, age, disability, gender, military service then it's not illegal discrimination. Second, if what is happening is true, then there are a number of wage and hour violations going on with your employer. There are substantial penalties for these. |
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Disciplinary discrimination
posted at 10/11/2009 8:01 AM EDT
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Posts: 2
First: 10/11/2009 Last: 10/11/2009 |
In the past, I was allowed to work overtime. My former boss was let go due to downsizing a few months ago, so I am under new management. There seems to be some lingering hostility and trust issues towards me due to my connection with my former boss. Would this fall under workplace retaliation?
When I addressed the fact to HR that others were enganging in similar activity and asked if they were reviewing other employees records as well and being reprimanded, they avoided looking into the matter. I also asked for their policy on overtime but was not providedone. I only received instructions on how to clock hours worked which states that manual entries are allowed for time discrepancies. Is there standard disciplinary action policies or practices? Are the grounds for insubordination? |
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Disciplinary discrimination
posted at 10/11/2009 3:37 PM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
It certainly sounds like the actions taken against you or the failure to provide information by Hr are not appropriate. Whether they rise to level that would allow you to seek legal redress is a much higher standard.
As was pointed out above not all discrimination is illegal. Unless you are a member of a covered EEO group not much you can do. Sooooooooooo... your choices are to ignore these actions and just do your job or seek employment elsewhere. Or both! |
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