Am I allowed to sue regarding a change in the hours for which I clocked in?
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Am I allowed to sue regarding a change in the hours for which I clocked in?
I am currently a bartender/supervisor/server at my job. I have noticed on my last 2 paychecks that what I have been clocking in as is being changed; it is usually during my morning shifts. We have discussed in a manger meeting that I, as well as one other supervisor, will now be clocking in as a supervisor during that shift and not claiming any tips or taking any tables. Instead we would be doing our normal duty that we would do at night such as checking on tables/expo/doing manager logs, etc.
I have my time slips hours/wrote down what I clocked in as during that day and I also have my time entries audit slip showing that my GM has modified what I clocked in as. I have contacted the person above my GM about this and he said he would look into it but still have not heard a response back and it’s almost been a week. I’m missing $200 between these 2 paychecks and work over 40 hours each week including overtime. I claim absolutely no tips during morning shifts because I take no tables and have my other employee’s run the shift. I am not the first person that my GM has messed with on their paychecks.
Asked on November 16, 2017 under Employment Labor Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Pursuant to federal labor law, it is illegal to change an employee's timesheet, at least without thier consent. Additionally, all work time is compensable. This means, for example, if you are a non-exempt worker, you are entitled for pay for all time that your job duties are performed. To the extent that you work more than 40 hours in your work week, then you are also entitled to pay at the overtime rate.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you can sue your employer if they did not pay you everything they should have: you are entitled to be paid for all work done (and overtime, as applicable--i.e. for working more than 40 hours in a week). If you can prove, as you seem to be able to prove, that you worked more hours than you were paid for, you can get a judgment for the additional money.
It is also illegal, under the labor laws (e.g. the Fair Labor Standards Act, or FLSA) to change an employee's time or not keep truthful and accurate time records. You may wish to contact the state or federal department of labor (which enforce the labor laws) first, to see if they can help you, before suing--their help is free, if they can provide it.
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