In Pa, can I work more than 8 hours daily or 40 hours a week but only write 8 hrs a day or 40 hrs a week on my timesheet?

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In Pa, can I work more than 8 hours daily or 40 hours a week but only write 8 hrs a day or 40 hrs a week on my timesheet?

My company has tons of work and deadlines, yet has no
overtime. I often will work an additional 30 min to an
hour daily but only put down 8 hours on my timesheet.
My employer does not know I do this. Is what I am
doing against the law in PA?

Asked on July 2, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are an hourly employee, accurate records must be kept of the time you work, you must be paid for all hours worked), and you must be paid overtime when you work more than 40 hours in a week (overtime is based on weekly hours, not daily). If you are hourly and this is not being done, it is a violation of the labor law, such as the Fair Labor Standards Act. If you are voluntarily failing to record your hours correctly and your employer is not aware of this, they are doing nothing wrong (you are violating the law, but it's not a violation anyone would take action about: the only one hurt by your failure to record your hours is you, after all). If you do hand in your correct hours and your employer refuses to pay you for them or pay overtime, they are violating the law and you could contact the department of labor to file a complaint.
If you are a salaried exempt employee, the hours worked don't matter: there is no overtime and you are paid the same every week; tracking time would be for internal purposes or to bill clients.
If you are salaried but not exempt (not all salaried employees are exempt from overtime; you can find the tests for exemption on the U.S. Dept. Of Labor website), when yiu work more than 40 hours in a week, you are owed overtime (but no additional base pay).


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