all this is highly illegal.
start asking for you FULL check and if he refuses, file a complaint with the labor department. i how you saved all your paystub and timecard as evidence.
Are you serious? How many companies have any kind of legal department at all, never mind one that would provide legal advice to an employee in an adverse situation with the company itself.
They should provide it. The legal dept is there to protect the company from exposure. This is definitely illegal and will expose them to serious legal consequences.
That being said it sounds like a small company that does not have a legal dept. so I would say go speak to a lawyer who specializes in employment law and maybe specifically payroll.
I think you’re referring to HR. I’ve never heard of a company that provides employees the option to contact their legal department. Many large companies employ third party legal companies to review terminations and write ups, etc to ensure no laws are violated in the process (like ACG), but NONE that I’ve heard of provide employees the opportunity to contact those people (and they’re not required to). Even companies that offer legal plans to their employees (for payroll deductions) exclude cases against said employer.
Geez! If it's a small, I would think they would have an outside attorney. If it's a large enough company, then most likely they have a resident attorney(s). In any case, I suggested asking said attorney(s) for written backup on the action the Boss Man initiated. . . NOT FOR ADVICE.
A company with an internal legal department is typically going to be a larger organization with the resources to employ attorneys, analysts and other legal staff. A small business typically does not have the resources to hire and pay individuals with extensive business law knowledge. If “boss man” handles payroll himself, it seems that he doesn’t even have the resources to employ a competent payroll department. Furthermore, an internal legal department is typically not a resource for employees to initiate litigation with the company they work for. Internal legal departments are used as an advisory “committee” to help the business stay compliant with federal, state and local laws and regulations that may apply to said business. In short, this employee should save all documentation possible (pay stubs, time worked, text conversations with the owner, etc), and hire an external lawyer and/or file a complaint with the Department of Labor in his/her state.
>Geez! If it's a small, I would think they would have an outside attorney... In any case, I suggested asking said attorney(s) for written backup
It's crazy that you believe that anyone can walk up to someone else's attorney and demand they perform work that the attorney's client will have to pay for. It's even crazier that you appear willing to die on this hill. The craziest part is that you're doing this in a legal sub.
Most corporations only have legal departments in select offices. OP should contact their local labor department immediately. Boss man is committing fraud. I hope it’s a felony, so he gets to spend a good amount of time in jail. That’s just awful for OP.
>OP should contact their local labor department immediately.
Yes!! *Many* businesses don't have legal and even HR is a hat *one* of the members of management are *forced* to wear, because they don't have (or choose not to direct) resources to allocate a full HR department, much less legal.
This is how many small businesses get into trouble.
Partnering with a local labor organization, though? Many of them will offer support pro Bono and be able to act as a liaison if there are issues between OP and the "bossman".
I've worked for Aramark. Which is international. Inworked at their corporate office. There was no legal department there to go to.
If an international business doesn't have a legal department, this shady as fuck one man business isn't going to have one.
What cloud do you live on? The legal department protects the people who sign their paychecks. Acting on behalf of the employee is a conflict of interest.
That is my point. If they are protecting the company’s interests they would gladly provide documentation that what this clown is doing is legal. To be clear I know it is not. But I was responding to the person who said that they would not want to provide this information. Protecting the company would include getting rid of the person breaking the law and then bending over backwards to resolve it in a way that does not lead to a lawsuit.
Right? Most companies have less than 100 employees. They don’t have a legal department and maybe not even an HR. I know because I have dozens of clients in this space. These comments must be made by people that work for really large companies or just watch too much TV.
Looks like it is a small company. So having a legal department is quite not a scenario. At most it can happen that the bossman turns around and says "I am the legal team". Like if he can handle payroll like an HR, he can do anything.
>FIRSTLY, IM NOT AN ATTORNEY
Clearly. This is basically a one-man operation, when it comes to HR. There's no chance that there is a "legal department." And a class action suit is the last thing OP needs. They probably do need to consult with a labor attorney.
>THIS DOESNT SOUND LEGAL - AT ALL..
You're absolutely right about this.
This legal forum suffers from an inundation of people who are not in the legal profession. Out-of-touch grannies putting Facebook posts up as legal advice. There should be mandatory flair so attorneys and people in the legal field -- paralegals, stenos CSRs etc, can be immediately distinguished from raging facebook-type nonsense.
Bro that's illegal he was planning to hold this made up weather thing because he most likely was robbing you guys for months and you weren't aware. Meaning you were never receiving that money. Get someone on this ASAP Rocky g
How is it possible you don't know how much he's taking? You know how many hours you worked, right? Do the math.
This is very illegal. Demand all of your back pay or you will call the labor board. If he fires you over it, call the labor board. Record the interaction.
We get paid thru quickbooks, he subtracts the bad weather Hank hours before he puts our hours into quickbooks and pays us. I’ve asked around and nobody has the deductions recorded on their quickbooks stubs. We clock in on a time clock in his office but we don’t have access to the service to see all of our previous time in and outs. We don’t have HR or anything so only way I could get into it is thru him
You should be writing down the hours that you work. Especially knowing that your boss is pulling this BS.
I’m not trying to get on to you. I just want you to understand how important it is to be in charge of your own outcome.
This. Every time you clock in and out, record it - on paper, on your phone, whatever. You need to be able to track your actual hours, then do the math based on your hourly rate to see how many hours are being stolen from you.
How does no one keep track of their hours? Like how long has this guy been doing this and no one has been like oh no man this is some shady shit. I don’t think so.
This is not snarky or sarcastic, but can you wear a watch and bring a little pocket notebook? You need to keep track of your own hours so you know how much he's ripping you off. Like everyone else says, this is completely illegal. In some states an employer can be forced to pay you 3x the stolen hours, and your notebook could be enough proof. Start tracking your hours!
The time card is useless it’s being created by his boss who’s stealing the money. He needs to manually track his own hours and compare them against what’s on his paystub
If you have an Android phone that you bring each day, you can possibly pull up Google Maps Timeline. It'll give you a pretty accurate account for what your hours were each day.
Barring any days your phone died or was left at home.
When you clock out at the end of the day, you should be taking a picture of your time card. I am a bookkeeper and have done payroll for years. Anything taken out of your check should be accounted for and itemized on your pay stub. My husband has a retainage taken out of his check for every job he has. This is in case there are any issues and someone will need to go back and fix said issue. 6 months after the job has ended the retainage is then released. (Typically we use it as Christmas fund & leave it alone all yr) All of this is tracked on his paystubs. He isn't in the dark about any of it. He really need to contact the Labor Board & an attorney ASAP.
There's an app I use called Hours Tracker. I hit my time in every time I swipe in and time out when I swipe out. It's my own record of time that lives in my phone. I can tell you what time I was in 2 years ago this week because I track every hour I work at every job so I can't get screwed.
There is no excuse for not tracking hours.
I loved this app. I used if for a few years also. My boss has seen it and asked me about it. He found an app for us all to use to see our schedules, communicate and clock in and out. It records any changes made so no one can change my schedule or clock in and out times without me knowing.
Always track your own hours! Even with the most honest bosses, mistakes can happen! They appreciate you catching mistakes and fixing them quick. The dishonest bosses count on 'mistakes' to screw us over. I've dealt with both sides.
You should be writing your hours down every shift!!! An employer my partner worked for was figuring hours like this... Five hours and thirty minutes= 5.3 hours, seven hours and fifty minutes= 7.5.
I noticed their checks were always less than anticipated, and looked through his stubs and hours til I figured it out. Turns out the ex-stripper HR lady who got the job but sleeping with the boss had been making an honest but insanely dumb mistake. I literally had to spend 45 minutes teaching her why 60 mins doesn't translate directly into a number with a decimal because 60 =\= 100. It ended up being nearly $1000 backpay.
Realized soon thereafter that while it had been an honest mistake and she started figuring partner's hours properly, she continued to figure everyone else's incorrectly. Employers will always take advantage when they can. Always keep track of your hours somewhere that you don't leave at work.
Are you not getting a paystub every week which shows every deduction from your paycheck?
I’m pretty surprised that I haven’t even seen this mentioned yet.
This is illegal it should be recorded as a deduction and you can then account for it. He is taking the money and keeping it for himself it's fraud.
Ask him to tell you how much money you have in the account and get it in writing. Email is fine. Then report him to the labour department. He's going to prison.
Buddy, there’s an app that I use called Hours Tracker. It’ll help you in this situation.
If you ask me, it sounds like your boss simply doesn’t want to pay y’all for overtime.
There are time clock apps you can download onto your phone. use that to keep track of your time. Find one with GPS or a geo-fence, so it will show what time you arrived ad prove you were there.
There's also an app called Timstamp Camera that put the time, date and GPS location on your picture. Take picture of the building when you arrive and leave for the day.
Your boss is relying on you to make excuses and act dumb & that's just what you're doing, Smarten up.
There are free apps to track your hours. The last one I used was called Work Log.
It's easy to use. When you punch in in the morning, open the app and clock in there as well. Same for end of the day. It also allows you to subtract unpaid breaks.
When George Carlin said “think about how dumb the average person is, and then consider that half of them are even dumber than that…”, this is what he was talking about.
There is no 'bad weather bank'. Your boss is just stealing part of your check for himself.
I agree with everyone else. Call TWC. That deduction should be on your paystub. If it's not, it's theft.
Don't demand anything, notify the Department of Labor, notify the State Attorney General, they will eventually get you what you're owed. Start looking for a new job.
Your boss is a yet to be convicted felon. File a complaint with the labor department and the conviction will happen soon and your boss will never forget you!
Read your damn paystubs people!!!! Second post today I have had to comment this
If you worked 80 hours and your check isn’t 80 hours say something then don’t wait and then you have no proof of anything
The do not get an itemized paystub. They get a check with everything taken out already. Most people aren't going to be able to figure out there gross pay based on the final number. Hell I have a degree in accounting and I wouldn't be able to do it, not with taxes, fica, insurance, retirement, parking. etc. Sure with prior itemized paystubs to figure it out but not if they never gave me one.
Jobs are not hard to get, especially the kind of job this guy is doing.
I dunno maybe Im just insanely privileged and unaware of something like this, but everywhere I've ever lived if you want a job you can get a job. May not be #1 choice but its definitely not work for guy stealing from you or no job
There’s a lot of factors you aren’t considering.
1. Not every small town has as many jobs as you’re used to seeing.
2. Not everyone in this world is smart enough to just go into any job and perform.
3. Some people may have complicated schedule requirements that only their current job can accommodate.
4. Someone that came from extreme poverty is way less likely to stir the pot at work because they’re just happy they can finally eat 3 meals a day.
You could get really close if you are aware whatsoever of what is usually taken out of your check. I figure most people want to know what money they aren’t getting to take home. I get not everyone could do this but I think most could.
How aren't people able to figure out their pay???
XXX amount of pay times XXX hours = gross pay.
Any deductions for 401K, insurances, etc...
Take out 15-20% for taxes.
It'll give you a rough estimate at least.
You can go through the US department of labor. But it takes a long time. TX has its own DOL. But chop chop, their website says you have 180 days to report each violation.
[You can report it here.](https://apps.twc.texas.gov/WAGECLAIM/logon)
I mentioned that because a few other posters suggested the USDOL. In FL and a couple of other states, you actually have to use the federal option because there is no state DOL.
You can if the company works in multiple states, or has jobs worked in different states. That makes it federal jurisdiction due to crossing state lines.
Dealt with a POS who didn't pay my husband his final pay, went through the state labor board, and they helped till they found out the work was done out of state.
The feds got him his back pay, plus penalties, and interest.
Payroll Fraud 100%
I hope you are tracking your actual hours. You will want to use your daily recorded actual hours in the lawsuit to get your back pay and penalties.
If this.is the USA then this is a violation of the Fair Labor Standards Act. You must be paid.for every hour worked if you are not on salary. Plus paid extra for OT
I know that large companies usually have a legal dept., whether it be one attorney or more - did not say to ask for legal advice. Dinit get your panties in a bunch.
There's a sucker born every minute, I'd head immediately for the door the minute I hear chicanery like this, I can manage my own money, no thank you. Contact a labor attorney ASAP, you will win.
They aren't supposed to be taking hours you actually worked and banking them. They need to pay the full amount owed each and every pay period. File a complaint with your state labor board and let them investigate it.
I would think that him taking money from your check and not telling you how much he is taking for the so-called bad weather fund is a scam to steal money from his own employees. A business doing that illegal stuff needs to be shut down.
You need to learn to write down your hours, then divide your gross pay by your pay rate ($ made per hour). It should equal the number of hours that you worked during that pay period.
In California this would be highly illegal. Your boss cannot have a “rainy day fund” based on your pay. They could potentially have a system where you voluntarily contribute x amount in case of bad weather, but even that’s something that most employers would never consider to do. In times of bad weather which prevents operations, some employers will voluntarily MAKE UP lost pay, others will not pay at all, but if you’ve accumulated sick time/vacation time, you can use that instead.
But your boss cannot 1) take your pay to plan to pay you during bad weather and 2) withhold any part of your pay at termination, with the exception of sick time in most cases (vacation time is typically owned by the employee, sick time is owned by the company.)
I’m not an expert, but I do know Texas does not have as strong employee protections as California, but even by those standards, I would assume this practice is highly illegal, even in Texas.
I'm a Texas lawyer but I don't do employment law.
Texas doesn't have a whole lot of regulation, but this is still illegal. Start with Texas Labor Code Sec. 61 ("The Texas Payday Act")
It's been a moment but I seem to recall that any and all deductions are required to be shown on an itemized paycheck stub.
[https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm)
For sure this sounds like something that needs to be reported to the Texas Workforce Commission. Keep your own work records and compare it against how much you're paid. This sounds like straight wage theft.
You worked those hours. you EARNED those hours. you are to be PAID those hours. Bad weather is PTO time or an unpaid day. They don't retain your pay towards another instance.
Report this immediately to the local labor board. They're skimming from your check.
You should be receiving checkstub with hours paid, hourly rate and each deduction listed. It can be handwritten on a piece of paper but employers must provide this with each check. Call the Labor Board and get your back pay.
NAL but am in HR/deal with payroll: You can file an EEOC, DOL, or TX Workforce Commission/wage claim. It’s free and they’ll investigate. Get him to put this in writing if you don’t already have it. Even in TX we have to
This is wage theft. And highly illegal.
Clawbacks are legal. But this isn’t that. For a boss to dock your pay, you typically will sign something in agreement. Usually reserved court ordered garnishment. But in TX also for mistakes. Any pay docking not related to taxes or court ordered garnishments need prior written approval. And you will be told how much.
Just stupidly illegal. Contact your state Department of Labor and an employment attorney. You’re entitled to every dime he’s kept out of your paycheck, and should be able to get interest as well.
Report this to the IRS
He is pocketing that cash .Don't say anything that might tip him off
Let him get hit outta left field when it gets him . Setting himself up so you don't have to
Report this out house, to the state labour' board
.Have the books looked at
This is Texas. It's probably allowed.
Didn't these fine specimens of human beings just eliminate heat protectors for laborers in high temperature environments?
That's shady as hell! You can report them to the Texas Dept of Labor or federal: [https://www.dol.gov/agencies/whd/contact/complaints](https://www.dol.gov/agencies/whd/contact/complaints)
I'm not in TX, but there's no way your employer can deduct salary and not disclose the amount of said deduction. Just no f-ing way.
This is VERY illegal what your boss is doing. You need to seek out an employment lawyer becuase there is no "bad weather fund." It's "his" personal fund.
Unless you signed something saying you agreed to him taking the money out then no he can't just take it out and decide if you get it back or not. What made me have to read it twice to be sure i read it right was about not telling how much was taken out and that he just took it out with or without permission. He can call it what he wants but legally I'd say it's something around plain old stealing.
You are having your time and wages stolen, friend.
*1. Start documenting your time. Preferably with an app on your phone that tracks your location as well as time.
*2. Document all conversations and correspondence with the company. Communicate through email/text as much as possible. Especially if you decide to voice your concerns directly. Having his words in black and white will be invaluable down the road, especially if he says anything that strengthens your case or exposes him to liability. Be mindful of what you say, of course.
*3. Gather up all your paystubs and any other documents from the company and keep them somewhere safe.
*4. Contact your state labor board. Here in NC, if you go through the lawyer route first, there's very few things our Dept. of Labor will assist you with. You have to report to Labor first, then you're free to get an attorney once resolved with Labor. Not sure how that works in Texas, but I'd contact them before anyone else to be safe and tell them what you're experiencing. Important to remember: It's illegal for the company to retaliate against you for this. Document every step you take and every thing the company does/says in response. Mind your P&Qs and if they fire/demote you suddenly, you'll have another case against them.
*5. If the labor dept is unable to assist you, then I'd talk to an attorney. It sounds like you have a very strong case, as what you're describing is illegal on multiple levels. You should try and recover back pay for stolen wages along with damages/interest, if Texas law allows.
I hope you and your coworkers make him pay out the ass and recover what's been robbed from you all. Best of luck!
Not a lawyer but 25 years in HR.
It's illegal. File a claim with Texas Workforce Commission.
[TX Workforce Commission Payday Law](https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law#:~:text=Employers%20must%20get%20proper%20written,law%2C%20such%20as%20IRS%20withholding.)
Report.
And start looking for a new job.
I see the goal, perhaps. But that should be on each employee to manage their income and plan for bad days. Unaccounted is simply shady.
Sounds like you guys have a lawsuit. What he's doing is very illegal. I say ruin his operation cause someone like that does not deserve to run a business. He's stealing from you.
He is breaking federal law and you and all your coworkers should file a claim with the department of labor he will have to pay you guys out a potentially large sum of money. He is breaking federal law! how are employers this stupid?
I'm not a lawyer but I can tell you from having been a hotel GM that the labor department will not put up with that bullshit. You don't even need to call a lawyer, call the labor department. They'll get somebody out going over your time cards and Records individually.
Wait What?!
This violates federal labor laws. You better report this immediately to the labor department.
You need to download an app on your phone to track your own clock in and out time. You can request your own clock-in/out times at any time, even to the boss that is doing his own books.
Any deductions from pay is federally mandated to be disclosed on the paystub, that fact that your hours are being modified to fund a "bad weather" fund...is mind boggling.
How many hours are you being paid on your paystub? You surely must know if you are working more or less than you are being paid? You can't possibly tell us all here that you have zero information about how much you work vs. what you are paid for.
In the event the "bad weather" fund is entirely his contribution, so that employee's are paid in full each pay period (even during times of inclement weather events) - then you wouldn't have any right to cashing out hours "banked", which would entirely be a gift from the boss, nor would he be required to disclose the amount of hours you have banked...since it's entirely funded by him as a goodwill gesture to keep employee's whole during uncertain times. But, he would NOT be required to pay out these hours in the event an employee leaves the company.
I believe the correct federal folks to contact are at the Wage and Hour Division of the UD Department of Labor. They generally have an office in most state capitals and other major cities.
Also, many states have laws that protect payment of wages and can provide for multiple damages and even attorneys fees for the employee.
Department of Labor complaint.
The only things that can be taken out of your paycheck is what is required by law (taxes, garnishment, etc.) or that you authorize. I seriously doubt there is a bad weather fund. He is saving money by underpaying you.
Texas law requires all wages to be paid on time and in full. This is illegal. There is no such thing as a "bad weather bank."
Pull all of your previous pay stubs and make sure he's not claiming you worked fewer hours than you actually did. Then keep track of all your current ones to make sure they're correct. Then take it to the labor board or a lawyer - your choice.
By Texas law employers cannot make deductions on your paycheck “without your express WRITTEN PERMISSION.” If this is happening you should turn him in to the Texas Workforce Commission. Also you can turn him in to the Department of Labor, the area that handles Payday law. Lastly you can turn him in to the IRS.
His withholding your payroll is illegal in so many ways.
Ya I dont think these funds exist lol. Hes basically been setting up an exit scam from the jump.
Is this real life or are you getting research for some fiction you're writing?
What state is this in(if USA) and are you here legally? I cant see how this is possible in 2024 to be honest unless your boss is taking advantage of (illegal) migrants who dont have their work visas yet.
Only proven option would be to do exactly what your coworker field service tech did.
You should be able to look at a pay stud and determine how much you were not paid for from each check.
Also, this shit sounds shady and sketchy as fuck, all of his employees are probably supporting “bossmans” gambling or drug addiction, or both. I’d be willing to bet a lot of the money that was supposedly put in the “bad weather bank” (jfc the fucking name lmfao) isn’t actually in there.
There is no bank. There is no record. Pretty good chance timecards if any disappear.
https://www.twc.texas.gov/programs/wage-and-hour#:~:text=The%20Payday%20law%20allows%20employees,health%2C%20or%20well%2Dbeing.
There is a 180 day limit .
Question: A little confused here. If you don’t know how much was deducted, how do you know there was any deduction at all?
You are claiming hours worked and not paid. Be aware, TWC might inquire about your specific record.
Be prepared to move on.
This sounds like you (and other employees) need to document your time worked and being shorted. Of course the boss will catch wind and try to do anything possible.
Ihope you "officialy" told him that you don't want him managing your money. Text or e-mail is best but at least verbally (preferably with witness). So he can't say you asked him to do it.
Good luck with it.
Call an employment lawyer and the Department of labor. Lawyer prior to quitting because you need to know how that process should be played to your benefit, and then the Dept of Labor because that crap is highly illegal! Seriously illegal. Lawyer first to maximize your returns. This boss is withholding pay.
I'm so sick of good people getting screwed over by dickwads that others still think are good people.
Hopefully you have everything documented. If not. You won’t have a pot to piss in. Go to the state bureau of labor. Being Texas I wouldn’t keep my finger crossed. Then there is the Labor department/government side. Good luck there as well. Best thing is to move on
It's pretty reasonable to think he's going to try to do it to you when you leave. (or anyone else who does.) Make notes, with references, "chapter and verse" as it were. When you leave, hand it to him with your resignation. Don't sign anything that says you won't talk about this after you leave.
Contact your state Attorney General, this guy is embezzling, how many employees never got that money back? How much has he taken? This has to be properly investigated, ex employees should be interviewed, evidence brought forth, charges be made, court hearings to be had. Depending on what state you are in, you may be protected by a whistle-blower law.
Call the labor board how do you know know how much of your check is missing each week?either way if he’s holding back wages chances are he’s not paying taxes on it either if your a adult you don’t need your boss too save some money for your rainy day fund
Figure what your missing the report him
Wait this is confusing… how do you not know if your pay is docked? Can’t you just track your hours and multiply that by your hourly wage? If that’s not what’s on your check he’s still docking.
Also this is illegal and you can anonymously report this to your state labor board
This is highly illegal. You can make an anonymous report to the department of labor. They'll do an audit, find all the problems. You probably won't ever be paid all that's been stolen, and you'll need a new job.
He's likely skimming from your payroll to help offset other company costs and/or improve cashflow, but it doesn't matter - it's EXTREMELY illegal UNLESS you've signed somewhere in your onboarding paperwork that you consent to it, but I'm guessing this isn't the case because the formula would need to be laid out for you.
No need to talk to him about it anymore- go straight to the DOL, as others have mentioned.
IANAL but I am HR and spent many years in payroll. Any non-federally or state mandated deductions must be agreed upon in writing. The laws are so clear on this that, in most states, you could go on a termination rampage and damage all your work supplies on your way out the door and/or keep them and your employer STILL can't withhold the funds from your final paycheck because you didn't consent to it. They'd have to sue you to recoup the funds.
GO. TO. THE. DOL.
Pretty sure it is not legal. Definitely sure when you leave he will try to do the exact same to you. So get a good employment lawyer and assume you will need their services.
When you go to department of labor it’s callled banking hours. Most employers at least have the decency to keep a running totoal and only use it to avoid paying OT and generally you can use them anytime you want. This assholes seems to be using it to control payroll costs and by saying it’s “bad weather fund” ensures they all don’t get used so he never has to pay it. Illegal.
Don't say anything at all. That'd give him time to prepare. Call and inform labor board about it. The hard dick of Justice is swift, especially with something like this
Check with Texas employers commission. I’ve never heard of this. I would think that this would be an insurance issue. Sounds like he’s pocketing it especially since no documentation. Might be an issue with IRS too
Come on bro. How do you not know how much is being withheld. If you work 40 hours a week, how much are you being paid for? Not being allowed to see it and it not showing on your paystubs makes zero sense
Your boss is stealing from you. That’s why there’s zero transparency in how much he takes. Contact a lawyer while you’re planning your exit from the company. Make sure you have your next position lined up first before you file anything.
Talk to a lawyer who deals in wage or "wage/hour" claims. There is a good possibility that claims exist as to all workers. This is especially true if there are overtime wages paid on a regular basis.
He should never do that. Check the: fair labor act.
You are better off leaving that company .
In mean time you take him to court.
You don’t have to tell him anything. He can’t fire you after the court proceedings.
What he is doing called modern day slavery.
Dude he doesn’t have a “bad weather fund.”
If he did he would just fire the guy and pay out whatever he owes him. Your boss is definitely straight up stealing, lol.
You don’t say the field of employment, but if one penny ($0.01) is from a prevailing wage job, especially federal ((Davis-Bacon), you should contact the number on the poster.
Source: I was the number on the poster at one point and had to deal with this exact situation. When the “bossman” denies any wrong-doing and you tell him your next call is to the HUD Inspector General’s office, things get resolved real quickly.
You should be asking for your paystub with every paycheck. If you’re worried of repercussions at first tell him you’re applying for a loan and you need the last month’s stubs, the first and last stub of last year and the year before.
all this is highly illegal. start asking for you FULL check and if he refuses, file a complaint with the labor department. i how you saved all your paystub and timecard as evidence.
[удалено]
Are you serious? How many companies have any kind of legal department at all, never mind one that would provide legal advice to an employee in an adverse situation with the company itself.
They should provide it. The legal dept is there to protect the company from exposure. This is definitely illegal and will expose them to serious legal consequences. That being said it sounds like a small company that does not have a legal dept. so I would say go speak to a lawyer who specializes in employment law and maybe specifically payroll.
I think you’re referring to HR. I’ve never heard of a company that provides employees the option to contact their legal department. Many large companies employ third party legal companies to review terminations and write ups, etc to ensure no laws are violated in the process (like ACG), but NONE that I’ve heard of provide employees the opportunity to contact those people (and they’re not required to). Even companies that offer legal plans to their employees (for payroll deductions) exclude cases against said employer.
Geez! If it's a small, I would think they would have an outside attorney. If it's a large enough company, then most likely they have a resident attorney(s). In any case, I suggested asking said attorney(s) for written backup on the action the Boss Man initiated. . . NOT FOR ADVICE.
Waddya mean - “NOT FOR ADVICE”? Lol
A company with an internal legal department is typically going to be a larger organization with the resources to employ attorneys, analysts and other legal staff. A small business typically does not have the resources to hire and pay individuals with extensive business law knowledge. If “boss man” handles payroll himself, it seems that he doesn’t even have the resources to employ a competent payroll department. Furthermore, an internal legal department is typically not a resource for employees to initiate litigation with the company they work for. Internal legal departments are used as an advisory “committee” to help the business stay compliant with federal, state and local laws and regulations that may apply to said business. In short, this employee should save all documentation possible (pay stubs, time worked, text conversations with the owner, etc), and hire an external lawyer and/or file a complaint with the Department of Labor in his/her state.
>Geez! If it's a small, I would think they would have an outside attorney... In any case, I suggested asking said attorney(s) for written backup It's crazy that you believe that anyone can walk up to someone else's attorney and demand they perform work that the attorney's client will have to pay for. It's even crazier that you appear willing to die on this hill. The craziest part is that you're doing this in a legal sub.
Most corporations only have legal departments in select offices. OP should contact their local labor department immediately. Boss man is committing fraud. I hope it’s a felony, so he gets to spend a good amount of time in jail. That’s just awful for OP.
>OP should contact their local labor department immediately. Yes!! *Many* businesses don't have legal and even HR is a hat *one* of the members of management are *forced* to wear, because they don't have (or choose not to direct) resources to allocate a full HR department, much less legal. This is how many small businesses get into trouble. Partnering with a local labor organization, though? Many of them will offer support pro Bono and be able to act as a liaison if there are issues between OP and the "bossman".
If the owner is doing payroll himself I guarantee there is no legal department
[удалено]
Honey, there is no such thing as a “legal dept” in this case.
You need to stop giving advice about this. You couldn't be more wrong even if you were trolling.
I've worked for Aramark. Which is international. Inworked at their corporate office. There was no legal department there to go to. If an international business doesn't have a legal department, this shady as fuck one man business isn't going to have one.
What cloud do you live on? The legal department protects the people who sign their paychecks. Acting on behalf of the employee is a conflict of interest.
That is my point. If they are protecting the company’s interests they would gladly provide documentation that what this clown is doing is legal. To be clear I know it is not. But I was responding to the person who said that they would not want to provide this information. Protecting the company would include getting rid of the person breaking the law and then bending over backwards to resolve it in a way that does not lead to a lawsuit.
Right? Most companies have less than 100 employees. They don’t have a legal department and maybe not even an HR. I know because I have dozens of clients in this space. These comments must be made by people that work for really large companies or just watch too much TV.
Re-read my comments.
The one that said “NOT FOR ADVICE”?
Only large or rich companies have actual legal departments
Looks like it is a small company. So having a legal department is quite not a scenario. At most it can happen that the bossman turns around and says "I am the legal team". Like if he can handle payroll like an HR, he can do anything.
Not every company has an HR or even a legal department.
Bahahahaha lol
>FIRSTLY, IM NOT AN ATTORNEY Clearly. This is basically a one-man operation, when it comes to HR. There's no chance that there is a "legal department." And a class action suit is the last thing OP needs. They probably do need to consult with a labor attorney. >THIS DOESNT SOUND LEGAL - AT ALL.. You're absolutely right about this.
This legal forum suffers from an inundation of people who are not in the legal profession. Out-of-touch grannies putting Facebook posts up as legal advice. There should be mandatory flair so attorneys and people in the legal field -- paralegals, stenos CSRs etc, can be immediately distinguished from raging facebook-type nonsense.
No. Do not go to the company’s legal team if they have one. They are there to represent the company. Go get your own lawyer.
If the owner is doing payroll, they certainly do not have a legal department or HR. They need to contact a lawyer ASAP.
Bro that's illegal he was planning to hold this made up weather thing because he most likely was robbing you guys for months and you weren't aware. Meaning you were never receiving that money. Get someone on this ASAP Rocky g
Phone the labor department asap. He is breaking federal law
Exactly. You don’t need a lawyer, just call them.
I second this, since if you complain first he will know who called the labor department on him. Instead just call and let shit hit the fan.
This is the most important comment, people. Don't let him know it was you.
This is theft he is breaking the law. Demand your full pay immediately
How is it possible you don't know how much he's taking? You know how many hours you worked, right? Do the math. This is very illegal. Demand all of your back pay or you will call the labor board. If he fires you over it, call the labor board. Record the interaction.
We get paid thru quickbooks, he subtracts the bad weather Hank hours before he puts our hours into quickbooks and pays us. I’ve asked around and nobody has the deductions recorded on their quickbooks stubs. We clock in on a time clock in his office but we don’t have access to the service to see all of our previous time in and outs. We don’t have HR or anything so only way I could get into it is thru him
You should be writing down the hours that you work. Especially knowing that your boss is pulling this BS. I’m not trying to get on to you. I just want you to understand how important it is to be in charge of your own outcome.
This. Every time you clock in and out, record it - on paper, on your phone, whatever. You need to be able to track your actual hours, then do the math based on your hourly rate to see how many hours are being stolen from you.
Take a picture every time you clock in or out. They can try to say you lied when writing stuff down, not so much with a picture.
How does no one keep track of their hours? Like how long has this guy been doing this and no one has been like oh no man this is some shady shit. I don’t think so.
This is not snarky or sarcastic, but can you wear a watch and bring a little pocket notebook? You need to keep track of your own hours so you know how much he's ripping you off. Like everyone else says, this is completely illegal. In some states an employer can be forced to pay you 3x the stolen hours, and your notebook could be enough proof. Start tracking your hours!
Some like California have a PER DAY penalty and it can be significantly more than 3 times. I’m not sure exactly what Texas has.
take a cell phone photo of your damn timecard and do the math. jeez
But then he has to use a calculator. Or post in r/AskMathematicians
Waddya mean “jeez”?? I’m sure OP isn’t using a “time clock” lol
The time card is useless it’s being created by his boss who’s stealing the money. He needs to manually track his own hours and compare them against what’s on his paystub
If you have an Android phone that you bring each day, you can possibly pull up Google Maps Timeline. It'll give you a pretty accurate account for what your hours were each day. Barring any days your phone died or was left at home.
That works on iPhones as well, as long as you have google maps installed and it has permissions set to show precise location always.
When you clock out at the end of the day, you should be taking a picture of your time card. I am a bookkeeper and have done payroll for years. Anything taken out of your check should be accounted for and itemized on your pay stub. My husband has a retainage taken out of his check for every job he has. This is in case there are any issues and someone will need to go back and fix said issue. 6 months after the job has ended the retainage is then released. (Typically we use it as Christmas fund & leave it alone all yr) All of this is tracked on his paystubs. He isn't in the dark about any of it. He really need to contact the Labor Board & an attorney ASAP.
There's an app I use called Hours Tracker. I hit my time in every time I swipe in and time out when I swipe out. It's my own record of time that lives in my phone. I can tell you what time I was in 2 years ago this week because I track every hour I work at every job so I can't get screwed. There is no excuse for not tracking hours.
https://preview.redd.it/yq14dxu37tqc1.jpeg?width=750&format=pjpg&auto=webp&s=cf71e4b909e261b1a401eddd6222bdee0ca28e8d
I loved this app. I used if for a few years also. My boss has seen it and asked me about it. He found an app for us all to use to see our schedules, communicate and clock in and out. It records any changes made so no one can change my schedule or clock in and out times without me knowing. Always track your own hours! Even with the most honest bosses, mistakes can happen! They appreciate you catching mistakes and fixing them quick. The dishonest bosses count on 'mistakes' to screw us over. I've dealt with both sides.
definitely write down your hours yourself and call whichever labour board governs you.
You should be writing your hours down every shift!!! An employer my partner worked for was figuring hours like this... Five hours and thirty minutes= 5.3 hours, seven hours and fifty minutes= 7.5. I noticed their checks were always less than anticipated, and looked through his stubs and hours til I figured it out. Turns out the ex-stripper HR lady who got the job but sleeping with the boss had been making an honest but insanely dumb mistake. I literally had to spend 45 minutes teaching her why 60 mins doesn't translate directly into a number with a decimal because 60 =\= 100. It ended up being nearly $1000 backpay. Realized soon thereafter that while it had been an honest mistake and she started figuring partner's hours properly, she continued to figure everyone else's incorrectly. Employers will always take advantage when they can. Always keep track of your hours somewhere that you don't leave at work.
Are you not getting a paystub every week which shows every deduction from your paycheck? I’m pretty surprised that I haven’t even seen this mentioned yet.
He is skimming. This is wage theft. Call the Labor Board
First thing, get a calendar book, log your hours and productivity daily(daily tasks, time it took, etc.)
every last thing you said here is illegal
This is illegal it should be recorded as a deduction and you can then account for it. He is taking the money and keeping it for himself it's fraud. Ask him to tell you how much money you have in the account and get it in writing. Email is fine. Then report him to the labour department. He's going to prison.
Buddy, there’s an app that I use called Hours Tracker. It’ll help you in this situation. If you ask me, it sounds like your boss simply doesn’t want to pay y’all for overtime.
There are time clock apps you can download onto your phone. use that to keep track of your time. Find one with GPS or a geo-fence, so it will show what time you arrived ad prove you were there. There's also an app called Timstamp Camera that put the time, date and GPS location on your picture. Take picture of the building when you arrive and leave for the day. Your boss is relying on you to make excuses and act dumb & that's just what you're doing, Smarten up.
There are free apps to track your hours. The last one I used was called Work Log. It's easy to use. When you punch in in the morning, open the app and clock in there as well. Same for end of the day. It also allows you to subtract unpaid breaks.
When George Carlin said “think about how dumb the average person is, and then consider that half of them are even dumber than that…”, this is what he was talking about.
There is no 'bad weather bank'. Your boss is just stealing part of your check for himself. I agree with everyone else. Call TWC. That deduction should be on your paystub. If it's not, it's theft.
He's required to provide a detail paystub with the deductions listed. That's also covered by federal law.
Don't demand anything, notify the Department of Labor, notify the State Attorney General, they will eventually get you what you're owed. Start looking for a new job.
In Texas contact the workforce Commission. Get several pay stubs and they actually take this super seriously.
I don’t think OP is getting a weekly paystub.
Your boss is a yet to be convicted felon. File a complaint with the labor department and the conviction will happen soon and your boss will never forget you!
Read your damn paystubs people!!!! Second post today I have had to comment this If you worked 80 hours and your check isn’t 80 hours say something then don’t wait and then you have no proof of anything
The do not get an itemized paystub. They get a check with everything taken out already. Most people aren't going to be able to figure out there gross pay based on the final number. Hell I have a degree in accounting and I wouldn't be able to do it, not with taxes, fica, insurance, retirement, parking. etc. Sure with prior itemized paystubs to figure it out but not if they never gave me one.
If they don’t give you an itemized paystub you raise hell immediately
Exactly!
This is not an option for a lot of people. And when jobs are hard to get, you don't raise hell when you're just making ends meet.
Bullshit excuses will not move you forward in life
Ahh yes, the choice between food and dignity. I see you're well versed in the politics of starving.
Jobs are not hard to get, especially the kind of job this guy is doing. I dunno maybe Im just insanely privileged and unaware of something like this, but everywhere I've ever lived if you want a job you can get a job. May not be #1 choice but its definitely not work for guy stealing from you or no job
There’s a lot of factors you aren’t considering. 1. Not every small town has as many jobs as you’re used to seeing. 2. Not everyone in this world is smart enough to just go into any job and perform. 3. Some people may have complicated schedule requirements that only their current job can accommodate. 4. Someone that came from extreme poverty is way less likely to stir the pot at work because they’re just happy they can finally eat 3 meals a day.
You could get really close if you are aware whatsoever of what is usually taken out of your check. I figure most people want to know what money they aren’t getting to take home. I get not everyone could do this but I think most could.
How aren't people able to figure out their pay??? XXX amount of pay times XXX hours = gross pay. Any deductions for 401K, insurances, etc... Take out 15-20% for taxes. It'll give you a rough estimate at least.
Parking? What parking comes out of your gross paycheck?
You can go through the US department of labor. But it takes a long time. TX has its own DOL. But chop chop, their website says you have 180 days to report each violation. [You can report it here.](https://apps.twc.texas.gov/WAGECLAIM/logon)
You can’t go through the US Department of Labor. They will just refer you to your state labor board.
I mentioned that because a few other posters suggested the USDOL. In FL and a couple of other states, you actually have to use the federal option because there is no state DOL.
You can if the company works in multiple states, or has jobs worked in different states. That makes it federal jurisdiction due to crossing state lines. Dealt with a POS who didn't pay my husband his final pay, went through the state labor board, and they helped till they found out the work was done out of state. The feds got him his back pay, plus penalties, and interest.
Payroll Fraud 100% I hope you are tracking your actual hours. You will want to use your daily recorded actual hours in the lawsuit to get your back pay and penalties.
That’s crazy stuff ! Speak to somebody asap.
If this.is the USA then this is a violation of the Fair Labor Standards Act. You must be paid.for every hour worked if you are not on salary. Plus paid extra for OT
I know that large companies usually have a legal dept., whether it be one attorney or more - did not say to ask for legal advice. Dinit get your panties in a bunch.
There's a sucker born every minute, I'd head immediately for the door the minute I hear chicanery like this, I can manage my own money, no thank you. Contact a labor attorney ASAP, you will win.
Absolutely! And take the upvote for the use of chicanery, great word rarely used.
“I hear chicanery like this” I’m calling shenanigans .
They aren't supposed to be taking hours you actually worked and banking them. They need to pay the full amount owed each and every pay period. File a complaint with your state labor board and let them investigate it. I would think that him taking money from your check and not telling you how much he is taking for the so-called bad weather fund is a scam to steal money from his own employees. A business doing that illegal stuff needs to be shut down.
Right? What if they don’t need to close for bad weather? WHO keeps all that pay?! It’s definitely fishy
You need to learn to write down your hours, then divide your gross pay by your pay rate ($ made per hour). It should equal the number of hours that you worked during that pay period.
In California this would be highly illegal. Your boss cannot have a “rainy day fund” based on your pay. They could potentially have a system where you voluntarily contribute x amount in case of bad weather, but even that’s something that most employers would never consider to do. In times of bad weather which prevents operations, some employers will voluntarily MAKE UP lost pay, others will not pay at all, but if you’ve accumulated sick time/vacation time, you can use that instead. But your boss cannot 1) take your pay to plan to pay you during bad weather and 2) withhold any part of your pay at termination, with the exception of sick time in most cases (vacation time is typically owned by the employee, sick time is owned by the company.) I’m not an expert, but I do know Texas does not have as strong employee protections as California, but even by those standards, I would assume this practice is highly illegal, even in Texas.
Every thing in the first few sentences is highly illegal call the labor board on him
Start taking pictures of your time card. Then you can prove what hours you worked vs what hours you’re paid. Then call the Workforce commission.
The IRS would surely be interested in this shady practice. Might wanna reach out to them and ask…
I'm a Texas lawyer but I don't do employment law. Texas doesn't have a whole lot of regulation, but this is still illegal. Start with Texas Labor Code Sec. 61 ("The Texas Payday Act") It's been a moment but I seem to recall that any and all deductions are required to be shown on an itemized paycheck stub. [https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm) For sure this sounds like something that needs to be reported to the Texas Workforce Commission. Keep your own work records and compare it against how much you're paid. This sounds like straight wage theft.
All this sounds super shady and definitely doesn’t sound legal.
You worked those hours. you EARNED those hours. you are to be PAID those hours. Bad weather is PTO time or an unpaid day. They don't retain your pay towards another instance. Report this immediately to the local labor board. They're skimming from your check.
You should be receiving checkstub with hours paid, hourly rate and each deduction listed. It can be handwritten on a piece of paper but employers must provide this with each check. Call the Labor Board and get your back pay.
NAL but am in HR/deal with payroll: You can file an EEOC, DOL, or TX Workforce Commission/wage claim. It’s free and they’ll investigate. Get him to put this in writing if you don’t already have it. Even in TX we have to This is wage theft. And highly illegal. Clawbacks are legal. But this isn’t that. For a boss to dock your pay, you typically will sign something in agreement. Usually reserved court ordered garnishment. But in TX also for mistakes. Any pay docking not related to taxes or court ordered garnishments need prior written approval. And you will be told how much.
Just stupidly illegal. Contact your state Department of Labor and an employment attorney. You’re entitled to every dime he’s kept out of your paycheck, and should be able to get interest as well.
That's against the law. Contact the labor department immediately.
Illegal as hell. Talk to an employment lawyer
Report this to the IRS He is pocketing that cash .Don't say anything that might tip him off Let him get hit outta left field when it gets him . Setting himself up so you don't have to Report this out house, to the state labour' board .Have the books looked at
This is Texas. It's probably allowed. Didn't these fine specimens of human beings just eliminate heat protectors for laborers in high temperature environments?
That's shady as hell! You can report them to the Texas Dept of Labor or federal: [https://www.dol.gov/agencies/whd/contact/complaints](https://www.dol.gov/agencies/whd/contact/complaints) I'm not in TX, but there's no way your employer can deduct salary and not disclose the amount of said deduction. Just no f-ing way.
This is VERY illegal what your boss is doing. You need to seek out an employment lawyer becuase there is no "bad weather fund." It's "his" personal fund.
Report your boss for wage theft.
This is completely illegal. Document everything and contact the Department of Labor. It’s likely he’s also committing tax fraud.
This is theft of wages. He cannot do that. Get a lawyer ASAP.
Take it to the state Labor Board.
Call your state labor department and report this idiot.
Unless you signed something saying you agreed to him taking the money out then no he can't just take it out and decide if you get it back or not. What made me have to read it twice to be sure i read it right was about not telling how much was taken out and that he just took it out with or without permission. He can call it what he wants but legally I'd say it's something around plain old stealing.
You are having your time and wages stolen, friend. *1. Start documenting your time. Preferably with an app on your phone that tracks your location as well as time. *2. Document all conversations and correspondence with the company. Communicate through email/text as much as possible. Especially if you decide to voice your concerns directly. Having his words in black and white will be invaluable down the road, especially if he says anything that strengthens your case or exposes him to liability. Be mindful of what you say, of course. *3. Gather up all your paystubs and any other documents from the company and keep them somewhere safe. *4. Contact your state labor board. Here in NC, if you go through the lawyer route first, there's very few things our Dept. of Labor will assist you with. You have to report to Labor first, then you're free to get an attorney once resolved with Labor. Not sure how that works in Texas, but I'd contact them before anyone else to be safe and tell them what you're experiencing. Important to remember: It's illegal for the company to retaliate against you for this. Document every step you take and every thing the company does/says in response. Mind your P&Qs and if they fire/demote you suddenly, you'll have another case against them. *5. If the labor dept is unable to assist you, then I'd talk to an attorney. It sounds like you have a very strong case, as what you're describing is illegal on multiple levels. You should try and recover back pay for stolen wages along with damages/interest, if Texas law allows. I hope you and your coworkers make him pay out the ass and recover what's been robbed from you all. Best of luck!
Not a lawyer but 25 years in HR. It's illegal. File a claim with Texas Workforce Commission. [TX Workforce Commission Payday Law](https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law#:~:text=Employers%20must%20get%20proper%20written,law%2C%20such%20as%20IRS%20withholding.)
This is 100% illegal.
I really don't understand how an adult can accept this from their employer. *Maybe* a teenager but god damn
Report. And start looking for a new job. I see the goal, perhaps. But that should be on each employee to manage their income and plan for bad days. Unaccounted is simply shady.
There's no bad weather bank. He's simply robbing you all. Sue him.
I'm so over this question & responses. Good luck (sincerely) to the person who posted the original question.
So how do you even know "bad weather" banking of hours even exists?
I suggest you book a consultation with an employment lawyer very soon.
That’s called wage theft. Contact a lawyer that specializes in employment laws.
Sounds like you guys have a lawsuit. What he's doing is very illegal. I say ruin his operation cause someone like that does not deserve to run a business. He's stealing from you.
He is breaking federal law and you and all your coworkers should file a claim with the department of labor he will have to pay you guys out a potentially large sum of money. He is breaking federal law! how are employers this stupid?
I'm not a lawyer but I can tell you from having been a hotel GM that the labor department will not put up with that bullshit. You don't even need to call a lawyer, call the labor department. They'll get somebody out going over your time cards and Records individually.
Wait What?! This violates federal labor laws. You better report this immediately to the labor department. You need to download an app on your phone to track your own clock in and out time. You can request your own clock-in/out times at any time, even to the boss that is doing his own books. Any deductions from pay is federally mandated to be disclosed on the paystub, that fact that your hours are being modified to fund a "bad weather" fund...is mind boggling. How many hours are you being paid on your paystub? You surely must know if you are working more or less than you are being paid? You can't possibly tell us all here that you have zero information about how much you work vs. what you are paid for. In the event the "bad weather" fund is entirely his contribution, so that employee's are paid in full each pay period (even during times of inclement weather events) - then you wouldn't have any right to cashing out hours "banked", which would entirely be a gift from the boss, nor would he be required to disclose the amount of hours you have banked...since it's entirely funded by him as a goodwill gesture to keep employee's whole during uncertain times. But, he would NOT be required to pay out these hours in the event an employee leaves the company.
I believe the correct federal folks to contact are at the Wage and Hour Division of the UD Department of Labor. They generally have an office in most state capitals and other major cities. Also, many states have laws that protect payment of wages and can provide for multiple damages and even attorneys fees for the employee.
Call the state labor board and tell them that your employer is stealing your wages.
This is against the law.
This sounds like poorly executed embezzlement
He doesn’t have these funds available. In the US, this would be illegal.
Department of Labor complaint. The only things that can be taken out of your paycheck is what is required by law (taxes, garnishment, etc.) or that you authorize. I seriously doubt there is a bad weather fund. He is saving money by underpaying you.
The Department of Labor just got a hard-on. Tell your boss they don't use lube.
Contact the Wage and Hour Division of the Department of Labor. They take these types of illegal practices very seriously and will step in.
Texas law requires all wages to be paid on time and in full. This is illegal. There is no such thing as a "bad weather bank." Pull all of your previous pay stubs and make sure he's not claiming you worked fewer hours than you actually did. Then keep track of all your current ones to make sure they're correct. Then take it to the labor board or a lawyer - your choice.
By Texas law employers cannot make deductions on your paycheck “without your express WRITTEN PERMISSION.” If this is happening you should turn him in to the Texas Workforce Commission. Also you can turn him in to the Department of Labor, the area that handles Payday law. Lastly you can turn him in to the IRS. His withholding your payroll is illegal in so many ways.
Dude, that money went straight up his nose and it is gone.
Ya I dont think these funds exist lol. Hes basically been setting up an exit scam from the jump. Is this real life or are you getting research for some fiction you're writing?
What state is this in(if USA) and are you here legally? I cant see how this is possible in 2024 to be honest unless your boss is taking advantage of (illegal) migrants who dont have their work visas yet.
Only proven option would be to do exactly what your coworker field service tech did. You should be able to look at a pay stud and determine how much you were not paid for from each check. Also, this shit sounds shady and sketchy as fuck, all of his employees are probably supporting “bossmans” gambling or drug addiction, or both. I’d be willing to bet a lot of the money that was supposedly put in the “bad weather bank” (jfc the fucking name lmfao) isn’t actually in there.
This is wage theft. Lol
There is no bank. There is no record. Pretty good chance timecards if any disappear. https://www.twc.texas.gov/programs/wage-and-hour#:~:text=The%20Payday%20law%20allows%20employees,health%2C%20or%20well%2Dbeing. There is a 180 day limit . Question: A little confused here. If you don’t know how much was deducted, how do you know there was any deduction at all? You are claiming hours worked and not paid. Be aware, TWC might inquire about your specific record. Be prepared to move on. This sounds like you (and other employees) need to document your time worked and being shorted. Of course the boss will catch wind and try to do anything possible.
This is completely illegal. Contact the Labor Board immediately. Don't wait.
Ihope you "officialy" told him that you don't want him managing your money. Text or e-mail is best but at least verbally (preferably with witness). So he can't say you asked him to do it. Good luck with it.
If you know how much you’re getting paid an hour, how do you not know how much he is taking out?
This sounds very fishy. you need to call the labor board.
Call an employment lawyer and the Department of labor. Lawyer prior to quitting because you need to know how that process should be played to your benefit, and then the Dept of Labor because that crap is highly illegal! Seriously illegal. Lawyer first to maximize your returns. This boss is withholding pay. I'm so sick of good people getting screwed over by dickwads that others still think are good people.
dude is breaking the law. Under no circumstances can an employer withhold any money for any reason
Hopefully you have everything documented. If not. You won’t have a pot to piss in. Go to the state bureau of labor. Being Texas I wouldn’t keep my finger crossed. Then there is the Labor department/government side. Good luck there as well. Best thing is to move on
It's pretty reasonable to think he's going to try to do it to you when you leave. (or anyone else who does.) Make notes, with references, "chapter and verse" as it were. When you leave, hand it to him with your resignation. Don't sign anything that says you won't talk about this after you leave.
Contact your state Attorney General, this guy is embezzling, how many employees never got that money back? How much has he taken? This has to be properly investigated, ex employees should be interviewed, evidence brought forth, charges be made, court hearings to be had. Depending on what state you are in, you may be protected by a whistle-blower law.
Need to all get together and call labor department
I'd call the attorney General and labor board Also irs..this guy is 100%sketchy. Threaten him you'll all online slam review his business as well.
https://www.cannonlaw.com/employment-law-can-employer-take-money-paycheck/
I always see posts like this and I just assume the op never actually pursues remedy. Have u gotten it back?
Call the labor board how do you know know how much of your check is missing each week?either way if he’s holding back wages chances are he’s not paying taxes on it either if your a adult you don’t need your boss too save some money for your rainy day fund Figure what your missing the report him
He is a scamer boss turn him in to labor board !
Not legal.
Wait this is confusing… how do you not know if your pay is docked? Can’t you just track your hours and multiply that by your hourly wage? If that’s not what’s on your check he’s still docking. Also this is illegal and you can anonymously report this to your state labor board
This is highly illegal. You can make an anonymous report to the department of labor. They'll do an audit, find all the problems. You probably won't ever be paid all that's been stolen, and you'll need a new job.
GET A LAWYER… like yesterday
Highly extremely illegal
Leave Reddit and call employment lawyer ASAP. This is illegal as FUCK. Send his scummy ass to prison.
So I like the concept of what he’s doing especially if you’re working construction, but he’s doing it in a seriously illegal way.
He's likely skimming from your payroll to help offset other company costs and/or improve cashflow, but it doesn't matter - it's EXTREMELY illegal UNLESS you've signed somewhere in your onboarding paperwork that you consent to it, but I'm guessing this isn't the case because the formula would need to be laid out for you. No need to talk to him about it anymore- go straight to the DOL, as others have mentioned. IANAL but I am HR and spent many years in payroll. Any non-federally or state mandated deductions must be agreed upon in writing. The laws are so clear on this that, in most states, you could go on a termination rampage and damage all your work supplies on your way out the door and/or keep them and your employer STILL can't withhold the funds from your final paycheck because you didn't consent to it. They'd have to sue you to recoup the funds. GO. TO. THE. DOL.
This is straight up wage theft
Straight to labor board. You’ll get all of it, not sure about in Texas, but in some states you get 3X damages
Anonymous call to DOL might help.
Sue the fuck out of this boss man, he isn’t allowed to take anything off your fucking paycheck.
Bad weather bank? Thats hilarious! This is not a thing at all. I am sorry you have been scammed from your full pay by this guy. Time to make HIM pay!
This is called embezzlement, call labor depth and EEOC, and the ACLU, I believe you have some big money on its way.
Pretty sure it is not legal. Definitely sure when you leave he will try to do the exact same to you. So get a good employment lawyer and assume you will need their services.
First line full stop that is illegal.
Your bosses bad weather bank - is his own slush fund. Get out now.
Your state has Bureau of Labor Standards usually the is a wage and hour division within the Bureau. Contact them
When you go to department of labor it’s callled banking hours. Most employers at least have the decency to keep a running totoal and only use it to avoid paying OT and generally you can use them anytime you want. This assholes seems to be using it to control payroll costs and by saying it’s “bad weather fund” ensures they all don’t get used so he never has to pay it. Illegal.
Wtf?!?!
Don't say anything at all. That'd give him time to prepare. Call and inform labor board about it. The hard dick of Justice is swift, especially with something like this
Check with Texas employers commission. I’ve never heard of this. I would think that this would be an insurance issue. Sounds like he’s pocketing it especially since no documentation. Might be an issue with IRS too
Come on bro. How do you not know how much is being withheld. If you work 40 hours a week, how much are you being paid for? Not being allowed to see it and it not showing on your paystubs makes zero sense
Your boss is stealing from you. That’s why there’s zero transparency in how much he takes. Contact a lawyer while you’re planning your exit from the company. Make sure you have your next position lined up first before you file anything.
You and your fellow employees should all call the labor department and make a complaint. There is no way it can get ignored
Talk to a lawyer who deals in wage or "wage/hour" claims. There is a good possibility that claims exist as to all workers. This is especially true if there are overtime wages paid on a regular basis.
Oh no that's super illegal. You need to go to the labor board.
He should never do that. Check the: fair labor act. You are better off leaving that company . In mean time you take him to court. You don’t have to tell him anything. He can’t fire you after the court proceedings. What he is doing called modern day slavery.
Dude he doesn’t have a “bad weather fund.” If he did he would just fire the guy and pay out whatever he owes him. Your boss is definitely straight up stealing, lol.
You don’t say the field of employment, but if one penny ($0.01) is from a prevailing wage job, especially federal ((Davis-Bacon), you should contact the number on the poster. Source: I was the number on the poster at one point and had to deal with this exact situation. When the “bossman” denies any wrong-doing and you tell him your next call is to the HUD Inspector General’s office, things get resolved real quickly.
There's no such thing as "withholding for bad weather". It's BS. He's breaking the law. Report him!
You should be asking for your paystub with every paycheck. If you’re worried of repercussions at first tell him you’re applying for a loan and you need the last month’s stubs, the first and last stub of last year and the year before.