Hello there,

Thank you so much for reading my post and, in advance, for any advice you may have to offer.

I live in Massachusetts, but worked for a company based in Illinois. They have employees in every state and are a rather large company.

During my tenure with this company overtime was allowed at the beginning. When my manager left the company began editing my time sheets to show 40 hours. If I worked 9 hours in a day when I would clock in the next day it would have been adjusted down to 8 hours. I never said anything as I was worried about losing my job if I did as there was a very high turnover at this place of employment.

They would do this to most, if not all, employees for the last year.

From my understanding this is not legal to adjust my time down and not pay us without our consent.

In the initial contract I had signed there are three sections that may change that.

The first is a section that says (b) Waiver of Right to Sue and Right to File any Action as a Class or Collective Action. You and the Company expressly waive any right to resolve any dispute covered by this Agreement by filing suit in court for trial by a judge or jury. With respect to any and all claims made by you, there will be no right or authority for any dispute to be brought, heard or arbitrated under this Agreement as a class or collective action, private attorney general, or in a representative capacity on behalf of any Person.

The second is a section that says (b) 40 hour work week. You are expected to work a normal workweek consisting of 40 hours of work each week. Time off for lunch which you spend away from your desk is not included as part of this 40-hour workweek. You are responsible for accurately tracking your hours worked through (Company name's) time tracking software. Additionally, you are not permitted to work more than 40 hours in each workweek (Sunday through Saturday) without written authorization from your Manager. If your Manager asks you to, or lets you, work more than 40 hours during a workweek without providing written authorization (or if you are asked to work more than 40 hours and misrepresent/under-repot your hours in the time tracking system) you must immediately notify the Legal Department and/or Human Resources. If you do not have written authorization to work more than 40 hours a week, (Company Name) will assume you have worked 40 hours during the workweek. Compliance with this policy is regularly audited by (Company Name) for each location. In the event that you do work overtime (more than 40 hours in a week or as defined by the applicable state law), you will be paid pursuant to the applicable state overtime law.

The third section is (a) Arbitration

Any and all claims (legal or equitable), demands, disputes, or controversies between you and the Company must be resolved by arbitration in accordance with the rules of the American Arbitration Association then in existence. Such arbitration shall take place in Chicago, Illinois, the applicable law will be the laws of the State of Illinois without regard to the conflicts of law provisions therein and the decision of the arbitrator shall be final and binding on you and the Company. Without limiting the foregoing, the following claims must be resolve by arbitration.

(i)Claims related to your compensation with the company brought under any federal, state or local statute, law, ordinance, regulation or order of the common law of any state, including without limitation claims relating to your wages, salary increases, bonuses, commissions, overtime pay, vacation pay, or severance pay whether or not such claim is based upon a legally protected right, whether statutory, contractual or common law; and

(ii)Claims brought under any federal, state, or local statue, law, ordinance, regulation, or order, or the common law of any state, alleging that you were or are being subject to discrimination, retaliation, harassment, or denial of equal employment opportunity based on sex, race, color, religion, national origin, disability, age, marital status, or any other category protected by law; and/or relation to your benefits or working conditions, including without limitation, claims related to leaves of absence, Employee benefit plans, Employee health and safety, and actively protected by federal labor laws.

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TL:DR My company was adjusting my time sheet to not put me in to overtime. The overtime pay did not factor into play any commissions that I had received. I never said anything out of fear of losing my job. The company downsized me and so now I want to speak out. The company had verbiage in the initial employment contract that is causing confusion on if I have any case. Looking for advice!

Thank you so much!