What to Do If Your Boss Makes You Falsify Time Entries

Under federal law, employers are required to keep accurate records of employee labor. This is because the law also has rules pertaining to what an employer must pay an employee, such as minimum wage and overtime. Birmingham labor law attorneys routinely meet clients who have been cheated out of their earnings due to unscrupulous employers hiding or mishandling payroll information. One clever trick some employers use is to have an employee falsify time entries. Then, if that employee complains, the employer fires the employee, alleging the termination is because the employee was breaking the law by lying about his or her hours. It is dirty, and it is unlawful. Here is what you should know about timekeeping standards and federal law.

Fair Labor Standards Act

Under the Fair Labor Standards Act (FLSA), employees are guaranteed minimum wage and overtime pay, where eligible and qualified under the law. An employer is prohibited from “reducing” or in any way capping overtime pay. Put another way, if you work the hours, you get the pay. An employer does not have to let you work more than 40 hours per week, but if you do, then you have a right to be paid the applicable time and a half rate for those hours.

How Employers Use False Time Entries to Avoid Overtime Pay

An employer might create this unlawful situation by first asking employees not to ‘go over their hours.’ This is code for ‘we do not want you to work more than 40 hours.’ This is perfectly fine. However, over time the employer might begin noticing that the business sometimes requires more hours. The employer may begin asking employees to ‘carry over hours.’ This is code for “falsify your time entries so we do not have to pay overtime for your extra hours.”

If an employee works 35 hours one week then 45 the next, the employer may try to have the employee shift the five extra hours to the first week, thereby making three 40-hour work weeks, when in truth, the employee is probably due five hours of overtime pay for the week he or she worked more than the regular 40. This is unlawful.

Keep it in Writing

If your employer is forcing you to falsify time sheets or electronic time entries, first speak to an experienced labor law attorney near you. Most of the time, you will want to get your supervisor on the record in writing.

Employer’s Record Keeping Duties

Employers must keep payroll records for at least three years. Time entries must be kept for two years. There is no specific form of record keeping required, but there must be adequate information to record the hours worked and rate of pay.

Department of Labor Wage and Hour Division

If you are receiving illegal or inadequate compensation for your work, you may have a claim for the wage violations. These types of claims are brought before the Department of Labor’s Wage and Hour Division.

Being Represented by an Attorney in Your Wage Claim

Fonteneau & Arnold, LLC have over 20 years of combined experience helping Alabama workers just like you. From wage and labor violations to unfair or illegal terminations, we fight to protect hard-working people who just want to be treated fairly by their employers. Call or visit us online to learn more or schedule a consultation to review your case today.

 

 

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Is it Sexual Harassment to Ask Out a Coworker?

Like so many legal answers, the real answer to this question is, “it depends.” As a general rule, no. You can ask out just about anyone you want, assuming your company does not have anti-fraternization policies. We will set aside the issue of whether it is inappropriate or perhaps a bit unprofessional to ask out coworkers, you are legally permitted to ask coworkers out under most circumstances. Of course, many employers have strict policies that prohibit it, and for good reason. When relationships develop at work, it can negatively affect productivity, and when relationships fall apart, it can create an uncomfortable working environment for everyone.

At any rate, it is important to understand the nuance of what is meant by “ask out.” This phrase means different things to different people. To better understand this, it is necessary to first know exactly what sexual harassment is, and how the law views it.

What is Sexual Harassment?

The Equal Employment Opportunity Commission (EEOC) describes sexual harassment as follows:

• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal or physical harassment of a sexual nature

So, the key is whether the advances are welcome or not. If there is any question whatsoever that advances are unwelcome, then no, you should absolutely avoid making any advances toward a coworker (or anyone else for that matter).

Rejected Advances

If a coworker asked you out and you rejected the request, this should be the end of the discussion. If that coworker moves on to other matters and makes no further advances, then it is unlikely going to rise to the level of harassment. After all, the key is unwelcome advances. Once you made it known that the advances were unwelcome, if the coworker respected your wishes and proceeds to behave professionally from then on, there should not be a problem.

Unfortunately, this is not usually what happens. If that coworker continues to “hit on” you or ask you out, this may be harassment.

Advances From Supervisors

Things become much clearer when it comes to superiors in the workplace. If a superior is making advances and asking out subordinates, it can create a quid pro quo scenario, wherein the employee feels as though the job, money, promotions, career advancement, and so forth are contingent upon giving in to the superior’s advances. This is definitely a big problem and one that should be cause for concern.

Sexual Jokes, Teasing, and Comments

The law does not expressly say that people have to be prudes or avoid all humor and lighthearted fun. We all want to work around people we like. We all want to be able to let our guard down and have a good time without worrying about things going too far. Sexual harassment occurs when a line is crossed between welcome and mutual jokes and something that is so serious, frequent or pervasive that it could be described as hostile. Unfortunately, that line can be hard to clearly identify.

If a coworker or superior occasionally makes an odd joke, but it does not really bother you or anyone else, it is not likely harassment. Perhaps it is just poor taste. But if this happens on a regular basis and is clearly creating an unpleasant and hostile working environment, then it is a problem. Likewise, if the severity of the behavior creates an adverse employment decision, such as you being fired for bringing up your concerns or for not engaging in the conduct, then it may very well be sexual harassment.

Talk to a Sexual Harassment Lawyer First

Sadly, the law is not 100% black and white in the area of workplace harassment. Often these cases are full of nuance and gray areas that require the skilled analysis of an experienced employment attorney who can compare your unique situations to hundreds of prior court decisions with similar facts. By looking at how courts and the EEOC have ruled in the past, an attorney can help you better understand your chances of success if you bring a claim for harassment. This is why it is important to talk to a lawyer early, before things get worse. For a free consultation, call Fonteneau & Arnold, LLC today.

 

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2017’s Five Biggest Tech Company Sexual Harassment Scandals

Far too many women experience sexual harassment and discrimination in the workforce. When it happens to you, it can be dizzying and confusing. There are so many questions that need to be answered. Worse yet, there are strict limits on how long you can think through what is happening to you before getting help.

For women in Silicon Valley, 2017 has seen a lot of revealing stories about sexual harassment and discrimination in the media. We have gathered a few of the most explosive stories of the year, specifically those involving high-tech startups and their leadership.

Draper Fisher Jurvetson

In November of 2017, Steve Jurveston was pushed out of his own venture capital firm amid widespread reports of “predatory” behavior towards women. Notably, Keri Kukral’s Facebook post regarding Jurveston’s behavior went viral, leading to a number of questions being asked. Soon, others came forward about the allegedly systemic behavior by Jurveston. Ultimately, as reported by ReCode, he stepped down from his own firm. He had also been a member of the board for Elon Musk’s companies, Tesla and SpaceX. Jurveston has since stepped down from both of those, as well.

Betterworks

Betterworks is a continuous platform management company that serves a lot of major operations around the globe. Former CEO Kris Duggan co-founded the company back in 2013. According to Business Insider, he opted to step down after being sued in a California court. The lawsuit was brought by a female employee who claims he made unwanted sexual advances while on a company retreat. Her career at the company ended when she left following the incident.

500 Startup

While the allegations against Jurveston and Duggan center on workplace sexual advances, allegedly used in a coercive manner, Dave McClure, the former chief of 500 Startup, takes this one step further. According to allegations, he forcibly and repeatedly kissed a female executive in 2014. As reporting from Fortune.com explains, the accusations go far behind using power or leverage to induce sexual favors; they directly suggest assault.

Google

The presumptive high-tech leader of the pack, Google, certainly was not immune from scandal in 2017. At least three high-level employees of the company were forced out amid allegations.

First, engineer Amit Singhal left the company to join Uber. However, Uber later discovered reports that sexual harassment allegations during his time at Google were determined by Google’s investigators to be credible. This led to his early departure from Uber in February of 2017.

Next, Andy Rubin was the subject of a 2014 investigation at Google due to allegations of inappropriate behavior arising from his relationship with subordinate female employees. While maintaining his innocence, the Android developer took a leave of absence from his company amid the allegations.

Finally, in November of 2017, yet another Google employee was the subject to sexual misconduct allegations. David Drummond, a top attorney at Google, was discovered to have been involved in a lengthy extra-marital affair with a female subordinate. As The Mercury News reports, that female employee has since left the company, yet Drummond remains the chief legal officer for the company’s parent corporation, Alphabet, Inc.

Uber

Uber gets first prize. Of course, that is not exactly a lofty prize. Since last June, the tech startup has seen at least 20 firings due to allegations of sexual harassment. Starting with the ousted CEO, Travis Kalanick, the company has been accused of having a ‘locker room’ culture that disparages women and leads to a terrible and hostile work environment for female employees. The Chicago Tribune details numerous accounts of female employees being ignored or outright shut down when complaining of sexual advances or worse.

How to Handle Sexual Harassment

While Silicon Valley had a rough year, sexual harassment happens in all types of workplaces.  The Equal Employment Opportunity Commission (EEOC) is the primary agency responsible for adjudicating claims under federal civil rights laws, including sexual harassment and discrimination claims. However, you must file a charge for workplace discrimination within 180 days. That means you generally have just six months to consider your options and take action.

Birmingham workplace discrimination lawyers can help you answer these tough questions and give you the tools, resources, and support you need in order to take control of your harassment or discrimination case.

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Getting the Pay You Deserve

Everyone knows about overtime. If you work more than 40 hours, you get overtime, right? Not necessarily. There are a lot of exceptions to overtime rules. In general, however, federal law offers some solid protections. Here is a brief look at the ways federal labor laws protect your wages.

Under the Fair Labor Standards Act (FLSA), workers have a right to be paid for their work. Below are just a few of the specific details. Remember, though, labor laws do not apply to all workers equally, and they do not apply to all industries. There are a lot of exceptions that are just too specific to discuss here. So, if you suspect your employer is breaking the rules, talk to a Birmingham wage and overtime lawyer right away.

Minimum Wage

Federal law requires that employees not be paid less than minimum wage. Currently $7.25 is the federal minimum wage.  Most states have a minimum wage that exceeds the federal standard. You can compare state minimum wage to see how your state stacks up.  In those locations, workers must be paid the higher amount. Alabama does not have a minimum wage.

Consider that according to a U.S. Inflation Calculator, inflation has increased by about 14.3% since 2009. Alabama’s minimum wage has remained the same.

Overtime

Federal law also requires that certain classes of workers must receive ‘time and a half’ for any work over 40 hours in a given seven-day period. The rule can be a bit complicated, so you can also visit the Department of Labor to read more. In general, though, there is no requirement to pay overtime simply due to weekends, nightshifts, or holidays, unless it exceeds the 40-hour rule.

Hours Worked

Sometimes employers get sneaky to get around overtime rules. They may try to get employees to perform ‘administrative’ tasks or log off for required breaks. Others may require workers to do a host of preparatory tasks, such as maintenance or clean up duties, all off the clock. The Department of Labor offers a simple FACT SHEET to help you better understand the nuance behind the rules. Of course, the best way to know if your employer is violating your rights is to talk to a local Birmingham employment attorney.

Recordkeeping

Imagine trying to prove your employer has been withholding money for years, including overtime pay.  You claim the company makes you spend 30 minutes before and after your shift doing various tasks that are not compensated. You and your attorney determine that this is a violation of the law, and you wish to make a claim for your lost income. It would be easy for the employer to simply lie and say there is no record of your hours. To prevent this, FLSA requires employers to maintain accurate records of hours worked and wages paid.

Child Labor Protections

As of the year 1900, 18% of American workers were under 18, according a story by the History Channel. Many children were starved, worked long hours, and used to extremely dangerous, yet low-paid work. In 1938, with the passage of FLSA, strict compliance rules were put in place to prevent this.

Today, children under 14 may only work in limited jobs, such as newspaper delivery and periodic babysitting. At 14 or 15, a teenager can work a little more, but no more than three hours on a school day. The law allows gradually more work as a child gets older. For detailed resources, the Department of Labor maintains a special website to help children, their families, and employers to make sure they are in compliance.

Get Answers Today

It would be impossible to discuss here all the potential scenarios that could lead to wage violations. The easiest and most accurate way to address a potential problem with an employer is to contact an experienced attorney who understands the applicable state and federal laws in detail. Contact Fonteneau & Arnold, LLC today to discuss your situation and get real answers now.

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Five Common Sexual Harassment Myths Busted

2017 ushered in what some are calling a new era of gender inequality awareness. With numerous celebrity sex scandals and stories of abuse and harassment of all types, social media and the mainstream news are full of stories about people in positions of power abusing their authority.

Sadly, there is a lot of misinformation out there when it comes to sexual harassment and what it truly means. There are state and federal laws that set the standards for workplace behavior. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is a form of discrimination based on sex. While this may seem clear, there are some big myths that need to be addressed.

Myth #1: Women do Not Sexually Harass Workers

Busted! 

The truth is anyone can be a victim, and anyone can be the harasser. Men harass other men, women harass men, women harass other women. Bad behavior knows no gender limits. While we certainly hear more about men in positions of power sexually harassing female subordinates, the EEOC focuses on facts, not the gender of the victim or the accused.

Myth #2: It is Only Sexual Harassment if the Harasser is in Charge

Busted!

Title VII of The Civil Rights Act of 1964 acknowledges two basic forms of sexual harassment. On one hand, a person can commit the offense of harassment by creating a quid pro quo (“This for that” in Latin). This is the type of harassment most people think of when they imagine a typical harassment case. It is where the harasser makes the victim aware that the only way to obtain a job, promotion, more money, or some other benefit or privilege would be to succumb to sexual advances in some way. Yes, this is definitely a form of harassment based on sex.

However, harassment can also be as simple as creating a work environment where the conduct interferes or disrupts work or where it is intimidating or hostile in some way. The EEOC has found sexual harassment in situations where workers posted pornographic materials or used offensive language near other employees, and even after being made aware that it was not acceptable, the conduct continued.

Myth #3: Once the Victim Consents to Behavior, it can Not be Harassment

Busted!

While it is indeed true that behavior only rises to the level of harassment if someone finds it hostile or unwelcome, consenting to advances is not a permanent decision. For instance, consider a person who expresses interest in a co-worker, and that co-worker expresses a mutual interest. In general, this is not harassment.

If, however, that person later changes his or her mind and expresses a desire to discontinue the sexual or intimate nature of the relationship, then further advances would likely be considered harassment. Ultimately, the point is to look at whether the behavior is welcome or whether a reasonable person would consider it offensive or hostile. Remember, you always have the right to change your mind about participating in a relationship with another person.

Myth #4: People Who Claim Harassment are Just Looking for Money

Busted!

While less than half of all claims succeed before the EEOC, this is not because they are false or made-up. Rather, many people fail to hire an attorney or they do not know how to present the proof necessary to succeed. On the contrary, as The Guardian reports, about 75% of victims do not even report the behavior. The truth is, harassment happens a lot, and you should not be afraid to talk to a lawyer to get advice if it is happening to you.

Myth #5: The Company is Only Responsible for Employees

Busted!

Actually, a company can be held responsible for the conduct of vendors, contractors, subcontractors, and other related entities who are permitted to create a hostile working environment for employees.

Talk to a Local Birmingham Sexual Harassment Lawyer

If you are the victim of sexual harassment, your trust is broken. Perhaps you feel betrayed. It is hard to know who to trust. The attorneys Fonteneau & Arnold, LLC have decades of experience handling sensitive and challenging legal problems for their clients. Call (205) 252-1550 or visit us online to get real answers now.

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