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Employment Law/Forced time card alteration.

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Question
I submitted my 2nd timecard and was told to change it. No overtime policy. (employed for just at a month now) Had 1.5 hours of OT.
I stayed late for late arriving customer. I was told to put a long lunch in on 3 days. 1 of which I got NO lunch because I was alone and always had customers. Boss would not approve overtime and Dictated what changes to make on the time card.
Yes I know Its probably illegal.  if I complain, I lose my job. OR I lose future jobs due to bad references.   Which leaves me with the choice of working without pay  or refusing a late arriving customer? (which could get me fired also.)
How do I protect myself in this situation?

Answer
The only thing you can do is talk to the department of employment about it.  They will investigate and yes it is illegal. However, you are correct in what you say.  They cannot fire you for this, but they can find some other reason to let you go. They cannot give a bad reference for future jobs that is illegal for them to do.

Other that that there is noting you can do. It is illegal not to pay overtime, it is illegal to change a timecard so it is no longer correct. These are both violations of the Fair Labor Standards Act.

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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