Employment Law/time punches

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Question
Hi there, I have a few questions about the laws on editing peoples time punches.  I work as a manager at a fast food establishment, a few nights ago my crew and myself were there working until 3:10 am, when I looked at our time punches the next day they had edited them to 1 am on the computer, then did this again the next night.  Is there some kind of legal action I can take against the company?  I feel like I am being stolen from.

Answer
Yes, it is illegal to change the time to keep from paying extra time to the employee. This is called in HR circles as Time card fixing. You need to contact your local department of labor and let them know this is happening and perhaps file a complaint for unpaid wages for the time not recorded on the timecard. The law says the timecards must be accurate and if it is being changed it is not accurate which is a violation of the FLSA (Fair Labor Standards Act.)

In the meantime, keep time on a paper notebook or paper time card so you have proof for the Department of labor of time worked.  Also have the other employees do the same. The department of labor also has an app that you can get to record time on your phone.

Shirley  

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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