What to do if I am a manager at a bar/restaurant and my direct supervisor asks me to alter timecards for hourly employees that clock in a few minutes early and begin working?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I am a manager at a bar/restaurant and my direct supervisor asks me to alter timecards for hourly employees that clock in a few minutes early and begin working?

Is this legal?

Asked on October 7, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is not even remotely legal. It is a violation of the wage and hour laws, for a start, which require accurate record keeping and pay for all time worked. It may also be a form of theft--essentially stealing money from employees by not paying them when they start early. Since you know what you are doing, you could be held liable, too, for participating or aiding in these actions therefore, not only would your employer be liable, but you could face penalties or liability. It is no defense to say that your supervisor told you to do this your supervisor has no legal authority tomake you break the law.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption