Can an employer just white out an 8 hour shift that you worked and change your total for the week?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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