Is it illegal and what to do? Subtracting hours worked.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal and what to do? Subtracting hours worked.
Recently, I was just informed, by
the Company Owner of a small
business I work for, that for the
past five years of my employment
they have been subtracting hours
from my time worked records. Thus
when payday comes around my
payroll checks reflect less hours
than time actually worked. Their
excuse is that it’s not my
schedule.
What I am asking is Is it illegal
to change time keeping
recordstheir kiosk system to
reflect less hours than what was
actually worked/performed?
Secondly, what should I do?
Asked on March 1, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is illegal and a violation of the Fair Labor Standards Act (FLSA): the law requires that employers keep accurate time records for their hourly employees and pay hourly employees for ALL time worked--even if the employees worked other than their normaly scheduled hours. (The employer can send the employee home and not let him/her work if it's not his/her schedule--but if he/she is allowed to work, the employer must pay him/her.) If your hours have been shorted for years, you may be entitled to a great deal of compensation: you should contact your state departmant of labor and/or a private employment law attorney about filing a complaint or bringing a legal action.
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.