is it legal for an employee to claim 8 hours of work and overtime if she only works 4 actual hours?

Question

she claims that because she brings someone with her and completes her work in less time, she should still be paid for the 8 hours as two people did it. If she works more than 20 hours a week she claims overtime using the two person excuse. She is the only hired employee

Answer 1

depends on what the boss says, its really up the the company that hired her, and if shes doing this in a regular workplace, this is of big concern, because this other worker she brings in , could be a liability, (workmans comp..her getting hurt on the job,,lots of things. but it really depends on what company and kind of work and what the hiring boss has to say?
more info needed to answer better.

Answer 2

In no way, shape, or form is that legal. Two people cannot be paid as one under any circumstance conceivable in this universe. Period.

When I clock in, my SS# clocks in. If my SS# is only present on the job for 4 hours, it would be fraud for me to claim that my SS# was there for 8. That's the simplest way I can explain it.

No living person can perform any duties, either for pay or for free, for a company which does not carry insurance for them. No one can work for a company 'off the clock'. Everyone who performs work must be paid and documented, and those documents forwarded to the IRS, SSA, and other applicable agencies.

The most common example would be a female convenience store clerk working at night. Many companies allow such women to have husbands/boyfriends 'hang out' in the store as added deterrents to robbery and assault. These men absolutely cannot perform any duties like taking out the trash, making coffee, stocking the coolers, etc. That would be illegal because they are not covered by insurance and receive no pay. Hanging out is not illegal, even though the store gets a benefit, because they are not acting as agents of the company.

What little detail you give is 100%, unquestionably, without a doubt, as sure as the sun will rise tomorrow illegal. The employee who claims 8 hours, as an hourly employee, is guilty of fraud. Each of the two people performing the work MUST be paid for 4 hours each. That's how we prevent slavery and indentured servitude in this country. Each worker is an individual.

The only exception would be a contract employee, in which case, the other would be a sub-contractor. Both are responsible for paying their taxes.

Answer 3

Based solely on the facts presented in your post, it is theft if she is paid by the hour.

There are other provisions that may apply if she is paid by the job, but that is not something that you stated here. Also, IF you are in California and the employee was sent home, in some situations she can claim 8 hours in some instances.

So, unless you want a more specific answer, based only on the facts you presented, the answer is no, it is not legal.

Answer 4

CA Business and Professions code defines it to be a "Fraud" to take money not due you. The actual law is verbose I just tried to get to the point.

I would think that in any state that is Fraud. She is taking money not due her and possibly submitting false time cards if you use signed time cards. If you are the employer make her submit a signed time card if not doing so. Then hang her a$$ out to dry and recover any over payments. It is possible that you can pay her wages to a state agency for them to hold in escrow while the action is decided. Find a shark with a big fin and they will show you how to make a jail house lawyer whimper.

Answer 5

Yes it is illegal, the company didn't hire her helper , they hired her and if anything happen to the helper they probably aren't insured for it.