Employer told coworker not to clock in to avoid overtime, said hours would be added to next week… what do I do?

r/

Hi, I work for a company in Wisconsin and I recently found out about a potentially illegal practice happening at my workplace. A coworker (who is here on a work visa and may not be fully aware of labor laws) told me that he was instructed not to clock in once he hit 40 hours in a week, to avoid going into overtime. He said management told him they would just “add the hours to next week’s payroll.”

I later spoke with another coworker who said she was offered the same arrangement, though she declined. This seems like wage theft or at least an attempt to avoid paying legally required overtime.

Our Assistant General Manager (AGM) is the one who does payroll, and he is also an international employee, so he may not even know this is illegal. I don’t think our General Manager (GM) is aware of what’s going on, but it’s possible.

I’m really concerned about what to do next. I don’t want to get anyone in trouble unfairly if this is a misunderstanding, but I also don’t want to ignore something that’s clearly wrong, especially if people are being taken advantage of. I’m also scared of retaliation if I say anything or report it.

Do I have any legal protections here? Who should I report this to if I choose to move forward? Any advice is appreciated.

Location: Wisconsin

Comments

  1. DiabloConQueso Avatar

    Shifting hours that an employee worked from one work week into another to avoid paying overtime for that week is illegal.

    https://dwd.wisconsin.gov/er/laborstandards/overtimefaq.htm

    https://dwd.wisconsin.gov/er/laborstandards/lscomplaint.htm

  2. MrRunsWthSizors1985 Avatar

    If they’re working, they clock in