Is it illegal and what to do? Subtracting hours worked.

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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 5 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.


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