jashale
02-28-2007, 10:54 AM
Recently, a manager has changed an employees hours because the employee was "clocking in to early." The employee would clock in at 9:40am and start working when the scheduled start was 10am. The manager would change the clock in time to 10am. I believe this is illegal on both state (Massachusetts) and Federal level. Am I correct? And where can I find the section of the law on the matter?
There is nothing in the law that specifically prohibits changing hours on a time card, as long as the employee gets paid for all the time worked.
However, this employee could be LEGALLY disciplined by any means other than pay docking, for starting work before the manager wants him to. This INCLUDES termination.
jashale
02-28-2007, 08:05 PM
I am saying she is not getting paid for time worked. Other disciplinary action could be taken but changing the timecard to something less than employee worked is not right. The manager is just flat out wrong.
If the employee is not getting paid for all the time worked, she is free to file a complaint with the state AG's office, which functions as the DOL in this state.
However, if the employer does not want her to work before 10:00, then she should not punch in or begin work before 10:00.