What is my legal recourse if I my employer admitted to manipulating my timecard sothey did not have to pay me over time?

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What is my legal recourse if I my employer admitted to manipulating my timecard sothey did not have to pay me over time?

They confessed to changing my timecard; said they do not have to pay due to my not getting permission to log into work early. This was approx 5-7 minutes in the morning so I could be ready to take calls in the AM.

Asked on August 16, 2011 Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A nonexempt employee (i.e. one who can receive overtime; all hourly staff) must be paid for all hours worked, and must get overtime if he or she works more than 40 hours in a week. Furtheremore, the employer must keep honest and accurate time records. So it appears that your employer has violated the law and potentially given you a claim or cause of action. However, as a practical matter, if this only happened once or twice, there really is nothing to about it--the amount you could recover is far less than the cost of a lawsuit, and it's unlikely that the labor department would be concerned or interested enough to intervene. If it's happened often, speak to an employment attorney; otherwise, keep careful records to see if the violations mount up to a worthwhile leve. Good luck.


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