Is it legal for an employer to change an employee’s timecard?

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Is it legal for an employer to change an employee’s timecard?

My husband’s company keeps changing his timecard so that when he punches in early for a shift which they told him he could do when they hired him so that he is only being paid for the exact 40 hours. Is this legal and what is the law that says yes or no?

Asked on February 17, 2012 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, it is not legal. Under the labor laws, such as the wage and hour laws (for example, the federal Fair Labor Standards Act, or FLSA) and the regulations implementing them, employers must keep accurate records of all time worked by hourly staff; hourly staff must be paid for all hours worked; and if hourly staff works more than 40 hours in a week, they must be paid overtime (time-and-a-half) for all hours past 40.

What your husband's company is doing appears to be illegal. You and he could try filing a complaint with your state department of labor, or speak with an employment-law attorney about whether a lawsuit would be worthwhile. Good luck.


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