Is it legal for your timecard to reflect 40 hours, even it is not the times or days you worked?

UPDATED: Sep 30, 2022

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Is it legal for your timecard to reflect 40 hours, even it is not the times or days you worked?

I’ve bee instructed to fill out M-F, 8
hours a day, even though I work 4 ten
hour days.

Asked on August 14, 2017 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal if you are hourly employee (paid by the hour), since the wage and labor laws require that time cards for hourly employees be accurate. Of course, if you're being paid for the same amount of hours, just split up differently, there is no harm to you, and so no reason to take action (e.g. to sue, or file a complaint with the Dept. of Labor); if you end up being shorted somehow, however, you would have a viable claim if your time is not being recorded accurately.
If you are salaried, there is no legal obligation to track your time at all, so if your employer chooses to track it for internal purposes, they can track it any way they choose.

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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