If nothing changed after you told your HR that your supervisor had changed your hours without telling you first then keep track of all communications, gather evidence and speak with an attorney.
According to the Fair Labor Standards Act (FLSA) unless an employment contract states otherwise, an employer may change an employee's job duties, schedule or work location without the employee's permission.
However, there are some states that require employers to provide their workers with advance notice of changed schedules or face penalties.
In addition, when a schedule is altered after the employee arrives at work, so that the employee's total hours worked that day have been reduced from what was known to be scheduled the day before, some states have what is known as "reporting pay" or "show up pay" rules that may require that a minimum number of hours are paid to employees who have lost work hours that day. If you are unsure of your state’s rules you should contact an employment lawyer who will decide if you are a victim of wage theft.
Keep Track of All Communications
When you informed your HR that your supervisor had changed your hours, you should make a note of the date and time that HR was made aware of this incident taking place.
If your HR responds you should keep the letter or email which can be used as proof when you file a complaint with the WHD regarding the change to your work routine.
If you follow up your first communication, make sure you keep a complete record of all other communications that take place.
Gathering Evidence for Wage Theft
If you are required to sign in and out of your workplace you should keep the evidence proving you have done this. If you live in California, Labor law states that a workday is any consecutive 24-hour period starting at the same time each day.
This 24-hour period can be set to start at any hour during a calendar day. However, when the period has been established, employers cannot just make any alterations to workday or workweek hours.
If you are in a state that requires minimum hours to be paid, despite the change in work hours, meaning a shorter working day and this has taken place you should check your pay stub and make sure you have been paid the right amount.
You should ensure you have your employment contract available otherwise request a copy from your employer.
Get a Free Case Evaluation
The FLSA laws about your employer changing your work hours are hard at times to understand but an attorney will add legitimacy to your case and gather up all evidence into one place so you can file a wage theft complaint with the Work and Hours Division of the Department of Labor in your state. By doing this you can expect any wage theft to be returned to you.
