Can I sue my manager and company for taking unauthorized breaks out of my timecards?

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Can I sue my manager and company for taking unauthorized breaks out of my timecards?

My manager has been taking unauthorized breaks out of my time card to save hours when he goes over in his labor budget. I have informed my DM and HR business partner and have written statements along with other employees who have experienced the same situation and we still have not been compensated for the time that was taken and they still allow him to manage the store. What next am I to do?

Asked on January 31, 2012 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could either file a complaint with the state department of labor, or  you could bring a lawsuit for the  money you are owed. Assuming you are an hourly employee (that is, you are paid an hourly wage, not an annual salary), as is implied by your question, your employer is legally obligated to pay you for all hours worked and to keep accurate time records. For smaller amounts, probably filing the complaint and seeing if the department will investigate and take action on your behalf, is the best option. For larger amounts, you may wish to consider your own attorney--since many employment attorneys will provide a fee initial consultation to evaluate a case, you may wish to meet with a lawyer to see how strong your case is and what it might be worth, before deciding what to do.


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