Maybe you notice a few hours were missing on your timecard. Or perhaps you thought it was weird your paycheck wasn’t as big as you had thought. While you don’t want to jump to conclusions, you can’t help but wonder if your employer had been shortchanging your hours to avoid paying benefits or other employment perks. But what right does your employer have to change your timecard? Brown Kwon & Lam explains.
Employers Can Change Timecards
Under the Fair Labor Standards Act (FLSA), employers are required to keep certain records for non-exempt employees, including the hours worked each day and total hours worked for the workweek. Any time-tracking method is fine, including written-time sheets, time clocks, automated systems, etc. In addition, the employer may allow the supervisors to keep track of employee hours, or any combination thereof.
However, under the law, employers–not the employees–have the ultimate responsibility to maintain the time-tracking records. Because of this, employers have the ability to change employee timecards but they must be accurate and reflect the time actually worked.
Under what circumstances can my employer change my timecard?
There are only certain circumstances when employers are permitted to change employee time records. This includes situations where an employee forgets to record his or her start time on a timesheet or forgets to clock out for a shift. In addition to simple mistakes, if an employee calls off sick but has paid sick time, the employer may mark that on the timesheet for hours worked.
If an employer is found to have changed records for any other reason, like changing an employee’s weekly hours from 48 hours to 40 hours in a workweek in order to avoid overtime payment–they may face serious repercussions including:
- Wage and hour violations lawsuits
- Pay backpay
- Attorney fees
- Civil or criminal penalties under state and federal law
If you suspect your employer has been changing your timecard, you should ask for the following:
- Original document
- Signatures of approval for the changes
- A third party review
Changes to your timecard that have been unauthorized or were an act of illegal practices should not be tolerated. If you suspect your employer has been taking advantage of you, you need a trusted employee rights attorney. You need Brown Kwon & Lam.
Unauthorized Time Card Changes? Call Brown Kwon & Lam.
You work hard for your paycheck. Don’t let an employer take advantage of you, resulting in unfair payment. If you have a wage and hour claim against your employer for unauthorized changes to your timesheet, we can help.
Contact Brown Kwon & Lam, LLP if you believe you have a wage and hour violation. We are here to help.