My supervisor has been removing overtime from my time card by altering my time punches. I asked for copies of my time cards with the alterations. It shows that time punch was moved to prevent me showing I had overtime. She has been doing this for years and I just accidentily found out about it because I was checking the records for something else. Now I can be paid for two years because there is a statue of limitations. My supervisor has done this our entire department for years. Isn't this illegal?:(

My supervisor has been removing overtime from my time card by altering my time punches. I asked for copies of my time cards with the alterations. It shows that time punch was moved to prevent me showing I had overtime. She has been doing this for years and I just accidentily found out about it because I was checking the records for something else. Now I can be paid for two years because there is a statue of limitations. My supervisor has done this our entire department for years. Isn't this illegal?:(


I'm assuming you are non-exempt employees - seems so.

As a non-exempt employee, you must be paid for all hours/time worked & OT when applicable. Are you saying you just realized/found out your checks were not showing overtime pay? You & your co-workers didn't realize before now your checks were short & were lacking OT pay? I assume with having copies of the time cards with the alterations you have an idea of how much OT you are owed. You & your co-workers can put in a wage claim with the Ca DLSE or since it was the whole dept., you might want to talk to an employment attorney.

Yes, it's illegal if you don't get paid for the time you worked & your OT. If the time would have been changed on the time cards & you still got paid your correct amt. (got paid OT), then you would have no claim.

I became suspicious because the amount was off on W2 form. There were some things that my boss was doing that made me more suspicious. I am non-exempt. We are supposed to be paid for overtime. The electronic system shows the name of my boss as the person who adjusted the time punches. I have the printouts from payroll to prove it. She did it in small increments over a long period of time. I always trusted her and had now reason to believe she would do this. It was very strange. There would be periods of time she didn't make any changes. My check is more complicated because I have two different jobs. I should of check it and I didn't. It also shows her changing overtime to regular time. I have worked at this job for a number of years. I didn't realize it, because she went great lenghts to keep her activities hidden and played the part of someone you would trust. She would show us the timecards on the computer, have us review it, document if there was a missed time punch, it never showed the monetary amount on the time card. I found it she altered the time punches after we met saw the timecards. She would make the changes without people knowing and submit to payroll.

I think the state of California will only go back three years. The sickening thing is that the company executives treat her like a queen and gave her a slap on the wrist. I downloaded a form to file a complaint with the state and will follow up. This is something that my colleagues need to know about.

What do you mean, the amount on your W-2 was "off"? Did you have any pre-tax deductions (401K, pre-tax insurance)? Does the company provide group term life insurance with coverage over $50K?

You may be able to go back further in a civil suit, but you would have to talk to an attorney about that. Problem is that the employer is not required to keep time records forever. How far back are we talking about?

I calculated that the company owes me so far over $1500.00 from 2006 to the present. He changed the time punches on my card to prevent my timecard and others in the department from showing overtime so he could tell his bosses the department wasn't incurring additional expenses. He has been head of the department for 7-8 years, there are other employees who no longer are employed who never knew what was going on. My colleagues don't believe me. They are brainwashed into thinking this person could do no wrong and do not understand the law. I have the records with the evidence with my bosses name of the one who altered the time punches to an earlier time to show only regular time and some times were altered changing overtime hours to regular time. I don't know how much more clearer that could be. I have to speak to someone if that affects my retirement, taxes, etc. I trusted this person for a long time. It's sickening.:eek:

If it's been since 2006, you can file still file a claim with the DLSE for unpaid overtime, but you need to do it quickly.

If the employer loses, and it sounds like that's pretty much of a slam dunk (although it does take time), the employer will be required to pay the back wages. At that time, the earnings will be reported in the year the payment is made and the appropriate taxes withheld.

Is this a company retirement plan? 401K?

It probably started a few years earlier. I requested the records, I will review them. My supervisor is already putting me on increased survellience, trying to find a mistake so she could fire me and make the problem go away. I already submitted the complaint paperwork to the state. I don't think it will be quick enough to save my job.:confused:

You cannot be terminated because you filed a wage claim. Although employers often do find a "reason" to discharge employees that have done so, judges in a wrongful termination case can usually see right through that; they're used to hearing it.

In California, if you are given a written warning or inaccurate review, you can prepare a rebuttal that the employer must place in your personnel file. Don't mention anything about "retaliation", just rebut the facts if they are incorrect. It can't hurt, and may help, if you are discharged and need to file for unemployment and the employer protests and also if there is a possibility of a civil case for wrongful termination.

Good luck.

The statute of limitations on your wage claim may be as much as 4 years if brought pursuant to B&P Code Section 17200.

Also, depending on how many employees are being affected by this activity, you may be able to file a Class Action lawsuit.

Often times there are other Labor Law violations by companies that condone this behavior and you should really consult a Labor Law Lawyer.

Raphael A. Katri, Esq.

It clearly shows on all the time card reports that my boss altered the time punches to decrease the overtime. Does my boss have any legal consequences for what has been done? It seems so unjust that my boss gets to continue to be allowed to harass me and encourage my colleagues to ostracize, humiliate, and shut me. Are there are no consequences for bosses to tamper with records?