Is an employer allowed to manually change your hours worked without your verbal agreement?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is an employer allowed to manually change your hours worked without your verbal agreement?

Currently, I’m working for a small size retail company family owned. I am an hourly employee; when I took the job I agreed to work 47.5 hourly in 5 day work week from 7 am to 5 pm with a half hour lunch. I started working a few months ago and noticed the owner is manually updating payroll to not go over the 47.5 hours in a week even when I go over those hours. Sometimes when it is busy I will go past 5 pm by 10-15 minutes and all inside sales employees have to stay until the cash register has been checked most times past 5 pm.

Asked on February 25, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, an employer may not legally do this. Employers must keep acurate timesheet records; must pay hourly employees for all time worked; and must pay hourly staff overtime for all hours worked past 40 hours in a week. Failure to do this may give rise toa  wage-and-hour complaint; if you're not being paid for all time and not being paid time-and-a-half for 7.5 or more hours (if you're working 47.5 hours/week) each week, you may have a claim for a considerable amount of money, depending on how long this has been going on for. Say, for example, that you have worked there 20 weeks so far; say your hourly base wage is $12.00 per hour; when you work overtime, you should get another $6.00 per hour ($18.00/hour total, for overtime)--that's another $45 for each 47.5 hour week. After 20 weeks, that would be $950, and more if you're also being shorted time. Speak to the department of labor if you want to pursue a claim.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption