Can an employer just white out an 8 hour shift that you worked and change your total for the week?

UPDATED: Oct 1, 2022

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Can an employer just white out an 8 hour shift that you worked and change your total for the week?

I was out sick 2 days so when pulled my timesheet out of my desk I noticed it had been written on but not by me. Then i noticed March 11 was whited out completely and someone whited out my total and rewrote it. Plus, my clock-out times I wrote down were 5:10 and 5:05 and someone put zeros there instead, again not me.

Asked on March 23, 2019 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they cannot. The wage and hour laws (like the Fair Labor Standards Act or FLSA) and regulations implementing them are very clear that employers must keep accurate time records and must pay hourly employees for all time worked--there are no exceptions. What your employer did is illegal, and you could contact the department of labor to file a complaint.
Note that this answer is based on the assumption that you are paid an hourly wage, not an annual salary. If paid a salary, then your hours are not legally relevant: they are just for internal informational purposes, since pay is not based on them. In this case, what your employer did does not matter.

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 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.

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