Might clock in early, or stay later, but manager adjusts my hours so that I won't get paid for that overtime.

Question

IS THIS LEGAL????

Answer 1

I know for 100% certainty that the government considers that to be a financial crime, and fraud.

A timesheet or timecard is a financial record, and represents the monies owed to a person. If someone tampers with a timecard, they are changing a financial record. That is fraud.

I recommend you do this:

Contact the financial crimes unit of your local police department and ask them for direction. You can do this anonymously if you are not ready to file a report. They will tell you exactly what to do, how serious it is, and what your options are.

If this is being done to you, it is likely being done to others as well.

Warning, though: If you move forward to deal with this openly, be prepared to be considered a "whistle blower."

Answer 2

Can you make a photocopy of your time cards? You should collect hard evidence (the photocopies, and your pay stubs) first. Then, confront your manager. Confront his/her boss if that doesn't work. Go to the government. But in the meantime, polish your resume and start looking for a new job. If your boss resents it, s/he'll make your working life hell.

Also, try and organize your co-workers who have the same problems.

If you aren't up to labor agitation, bring a book or some handy-work. Get there a few minutes early, do your own thing, and clock in RIGHT on the button. Leave when you have to leave. If the manager doesn't like it, say, "Well, we've talked about this. Why should I stay for free?"

In any case, it never hurts to look around and see what other opportunities are in the field. This might be your wake-up call from the universe that your dream job just opened up . . . .

Answer 3

Adjustments to punch in and out times to match the work schedule are allowed within reason. Typically 15 minutes on the punch in and up to 5 minuites on the punch out are considered to be reasonable.

If you are scheduled to work at 9:00am and you punch in at 8:55, they can round your punch to 9:00am if you were not asked to punch in early by a manager. The same holds true for punching out. If you punch out late a couple of minutes, even though you weren't asked to stay late, it can be rounded to the time you were supposed to quit.

Your employer may also have a policy that prohibits overtime unless previously authorized.

If the employer requires you to punch in eraly or stay later than scheduled, they can not round your punches. There is also rounding that occures when calculating the pay. Say the company pays by the 1/4 hour, then anything under 7 minutes rounds down and 8 minutes or more round up. This same type of rounding occurs when being paid by the 1/10 of hour, etc.

Without any more details, the answer to your question could go either way depending on the situation and your state..

Answer 4

I assume you mean if you clock in early you are sent home early or if you work 10 hrs one day and six the next, or you work 4 10 hr days and are off th fifth day, all legal, not professional but legal

Answer 5

Absolutely not!!! You need to contact your HR department immediately. If they fail to respond, (possibly verifying actual punches on computer against adjustments), then contact the Labor Board in your area, and file a complaint.

Unless you are salaried, you should never work, unless you are clocked in.

Answer 6

It depends what state you are in. In WI for example if you work 10 hrs. one day but then only work 5 hours the next, you will not get paid OT for the 10 hr day. But if your grand total for the week is over 40 then you get the OT.

Answer 7

Illegal. If you are paid hourly, you must be paid accurately based on your punch in and punch out times.

I used to have a manager who would round all timecards to the closest 15 minute mark to make his calculations easier. We reported him to HR and they had to retro pay all of us.

Keep a copy of your timecards. If this doesn't match what you were paid, bring it to your manager's attention. If it isn't fixed, contact your HR department. If they refuse to fix it, you can contact your state labor board.

Answer 8

If you're anywhere in Canada, it is definitely illegal and you can report him to your provincial labour board. Not sure about the States, but I assume they would have similar laws...

Answer 9

It is illegal in the US unless you are an exempt employee. Either way, s/he shouldn't be changing your time report.

Answer 10

NOT LEGAL AT ALL