Monthly Archives: March 2010

Work Hours Deducted From Paycheck? Don’t Give Your Employer a Free Lunch.

Free Lunch!
Image by LexnGer via Flickr

Has your employer deducted money from your paycheck for hours that you worked?

Some employers will make mandatory deductions from hourly workers’ paychecks, without regard to time actually worked.  For example, some employers will automatically deduct one half-hour per day for a “required” lunch period, and will make this deduction without checking whether the employee was actually OFF work, and actually took a break, during that time.

Moreover, the employee’s work circumstances may have given him or her no choice but to work through lunch.  It is one thing for an employer to say an employee is free to take a lunch break, or “must” take a lunch break every day.  But that expectation of the employer does little good if there are competing expectations (e.g. busy schedules, complaining customers, limited time available, etc.) that demand an employee perform work during the designated lunch time.

Please know that if you actually WORK during the deducted periods of time (e.g. you worked during the deducted “lunch” breaks), it is NOT acceptable for the employer to reap the benefits of your work without paying you.

It is not enough for the employer to claim they told you that you were prohibited from working.

The Fair Labor Standard Act (FLSA) at 29 C.F.R. § 785.13 (Duty of management) provides the following:

“[I]t is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.”

If you are not being paid for work that you performed, you should consider having an employee rights attorney review your circumstances to see whether you should be receiving wages for the deducted periods, and whether the employer is violating wage law.  You may have good legal options to claim wages, and/or take back your free lunch.

DISCLAIMER: The information in this blog is not legal advice, nor does it establish an attorney-client relationship between you and attorney Michael Brown or his law firm.

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Filed under Employee Info/Tips - Pre-Litigation - Unpaid Wages, Employee Tip - Considering a Legal Action, Employee Tips - Unpaid Wages

Polite Hearings, and the Distinction Between the Person and His Conduct

Dogs and Cats Living Together!

Recently I was at a legal hearing.  It was the same old drill in most respects.  Two parties opposed each other.  A boss had fired an employee.  The boss’s testimony opposed the employee’s testimony, and vice versa.  Neither side changed any beliefs when the hearing was over.

But after the hearing, a great thing happened.

After the hearing, I saw my client, the employee, approach the boss that had fired him and now testified against him.  The two men proceeded to shake hands.  Then they stood and talked for awhile.  From the two persons’ body language, I could tell that they liked and respected each other.  I also knew that neither person had changed his mind about the hearing, or about feeling right about his position on the job termination.

These two dynamics– having a big dispute with an opponent, yet liking that opponent– are not contradictory.  Not if disputes are recognized for what they are: a conflict between two views, not a conflict between two persons.

As is often written, it’s important to recognize there’s a distinction between a person and his views.  Between a person and his conduct, or a person and his misconduct, e.g. “hate the sin, love the sinner.”

It’s easy to note these distinctions, and their surface logic that it’s best to be polite and not personalize matters.  But these oft-spoken standards usually go out the window after a legal dispute starts.  More often than not, legal proceedings are made personal and taken personally.

But not this time.  Which is more than good.

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Filed under Employee Info/Tips - Litigation - Mediation, Employee Tip - Considering a Legal Action, Employee Tip - Unemployment, Unemployment - Wisconsin

Unemployment: The Legal Decision-Maker Isn’t Your Friend (Or Enemy)

Angry judges and steadfast court reporter
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If you are an employee seeking unemployment benefits, and you will be talking to an unemployment agency phone interviewer and/or administrative judge, please avoid a common pitfall: don’t assume that the unemployment representative will identify with you, and will be receptive to you complaining about your former employer.

An unemployment representative isn’t your friend.  That representative won’t be receptive to complaints or adjectives,  e.g they won’t want to hear you saying your former employer was “unfair,” “wrong,” “lying,” etc.  A friend or acquaintance (especially one who knows and trusts you) may well be open to accept your opinions, labels and conclusions at face value.  But again, an unemployment interviewer or judge is not your friend.  They don’t know you from Adam, and don’t know the employer from Adam.  You DON’T want their first impression about you to be “This person is a complainer who is telling me what to think without telling me the facts.”

While an unemployment interviewer or judge isn’t your friend, they are not your enemy either.  They don’t want to hear the employer hand-feed them a bunch of conclusions either.  If the employer does the things I am telling you not to– and the employer tells the unemployment representative long-winded sentences with negative labels and conclusions– then that will likely serve to your benefit, because the unemployment rep won’t view that as credible coming from the employer either.

An unemployment interviewer and judge want the facts.  As such, they will ask you factual questions: who, what, where, when, why, how.  If you respond to these factual questions with factual answers — and you discuss persons, places, statements, and actions in factual terms (“My boss stated the sky is green”) rather than opinionated terms (“My boss is a liar”)– then the unemployment representative will better appreciate your information, better be able to perform their job, and will more likely view you to be credible and reasonable.

I have covered most of the suggestions above within other posts.  But these issues are worth repeating and isolating as the topic of this post, because it is instinctive and common for an employee- claimant to treat an unemployment decision-maker as if they have a sympathetic ear that’s open to adjectives.  If you stick to the facts, and let the unemployment decision-maker decide the labels and conclusions that apply, it is more likely the issues will be decided in your favor.

Please note this post does not provide legal advice- if you want legal advice, you must talk to an attorney about your specific situation. If you are interested in legal assistance from attorney-author Michael Brown or his law firm DVG Law Partner for your Wisconsin unemployment matter, please contact us here:

WI Unemployment - No Fees Unless You Win

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Filed under Employee Tip - Unemployment, Unemployment - Wisconsin

Attitude Matters at Your Wisconsin Unemployment Hearing

If you are a Wisconsin employee with an unemployment hearing coming up, my post here has comprehensive information about WI unemployment hearing procedure, preparation, and issues to consider.

Stepping back from those detailed issues, there is another, more fundamental issue to consider: attitude.

Your attitude is important, and can make or break your hearing.

The most effective approach and attitude, in my opinion, are discussed as follows.

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Filed under Employee Tip - Unemployment, Unemployment - Wisconsin