Is this legal for a manager to edit punches to limit overtime?

Question

According to our handbook, employees are to have one 30 minute lunch for every 6 hours of work as well as two 15 minute break periods before and after.

Most of the time workload prevents me from taking either of the 15 minute breaks during their normal times. So to comphensate, I punch out for 15 minutes for lunch and take a 10-15 minute break while on the clock. It has come to my attention, that my manager is voiding my punches and punching me out for the whole 30 minutes. She has told a coworker of hers when approached that I was "cheating" to get overtime.
So, my question is: Is it legal for a manager to override an employee's punches and change them to reduce the amount of OT being paid out?

This is not happening to cover the company's liability in providing 30 minute lunches. The manager has herself claimed to another manager in another department that it's because of the overtime.

Answer 1

Okay, your employer is required to give you a 30 minute lunch break and 2 other breaks both based on your employee handbook as well as the Fair Labor Standards Act (FLSA). If you are not able to take your lunch break without interruption from your employer then your employer is required to pay you for the entire lunch break. The two fifteen minute breaks that your employer states you get in your handbook should be paid and therefore there is no reason to punch out. By the way, federal law only require 2 ten-minute breaks, but your employee handbook will supercede the federal law because FLSA and the Department of Labor (DOL) dictate that the employer must follow whatever rule is more favorable to the employee (whether it's state, federal or handbook. The handbook actually becomes a sort of contract as it states the rules that both the employer and employee must follow. If your employer is not allowing you, intentionally or unintentionally, to take your lunch breaks because of work interruptions they have to pay the full 30 minutes - even if you got 15 minutes of it. They then have to document why they did not give you a full lunch break. I would get a copy of your time card (they have to provide you with a copy if you ask for it and compare it to your record. I would then call the local labor department for your area. Your employer will be liable for all of the back overtime pay as well as penalties. Your other option, and a better one if you feel they won't retaliate, is to pull us the FLSA standards and give them to your employer. Be careful with this, however, as they may begin writing you up for not taking your lunch break as required. Their sole remedy - really - is to allow you your lunch break and to discipline you if you don't take it or document the extenuating circumstances about why you couldn't - FOR EVERY OCCASION. They are actually cheating you out of overtime as well as breaking the law. It'll be a guaranteed investigation if you report it, but make sure that's what you want. They're not allowed to retaliate by law, but believe me, it can be done subtly and you'll never be able to prove it. Good luck!

Answer 2

You must take the full 30 min. it's the law, that's why your manager is changing it, not to avoid paying OT, but to abide by the law. YOU are the one doing the wrong thing. You MUST take the 15 Min. breaks... walk away from your workload, and you must take a 30 min. lunch break. If your manager won't let you "walk away" then he/she is in the wrong. If your manager decides that overtime is needed when you don't work through breaks, she/he will authorize it. You are not responsible for the "work loads" your manager is. The work load does not prevent you from taking breaks...either the manager says "you may not take a break", or you decide, "I can't walk away from this" if you do work through break tell you supervisor I'm too bust working from 10am to 10:15, I'll break at 10:45, or do you want me to take break now or wait for an hour?( or something like this) discussing it after the fact is too late.

By the way your logic doesn't make sense...you can't take breaks, but you take 10 to 15 min break while on the clock ( that's contradictory), where did the work load go? You don't take breaks, and you do take breaks in the same paragraph? This could appear to be cheating, I'm certainly confused by your description. Play the program by the rules, letter by letter.

Answer 3

The other posters are correct. Your options is to hire a employment lawyer or call the labor board. But either could get you fired while they investigate the validity of this claim. I find it hard to understand how this person can change punched time cards and not have payroll question these changes. If this is a recurring problem week after week with several employees, maybe difficult to explain. Find out your legal rights and keep quite till you know which way to proceed. If you can somehow get proof of time you worked, do so. When I worked at one company, I worked on a computer and could print off the notes that would have the date and time on the notes to prove I was working even if my employer stated otherwise. I then took home the copy and kept in a separate folder showing the overtime I worked but was not paid for. But with a time card, may have problem verifying the overtime. Unless you can somehow copy the time card prior to it being submitted to payroll showing the "real hours worked" vs what they are paying you. good luck

Answer 4

You need to talk to your HR. You have to take a half hour lunch in most states, it's the law. What you do on your lunch is your business, but you should stay gone for half an hour. Also, did you previously arrange the fifteen minute lunch with your mgr or is that something you decided to do on your own without letting anyone know?

Answer 5

in that case YES! Federal regulations are actually 8 hours but some will allow six if you work through lunch it will still be deducted on your time card. Strat giving yourself a break more often.

Answer 6

Nice try... and I tried doing the same. I quickly learned that if I didn't take my break, I lost it! Unfortunately, we can't freely use those breaks despite whatever workload we have. So, drop your work, take your break, and everybody's happy (except maybe the customer).

Answer 7

This is illegal. Didn't Walmart just settle a Class Action lawsuit for doing the same thing?

Answer 8

No! It is not legal. You are to be paid for the hours you work. Period. Your manager is falsifying data. Illegal!!!