10-06-2005, 09:43 AM
I came in today (Thursday) and noticed that my electronic time card had changed. Some of my times had been changed so that instead of having 8:36 on Monday, I had exactly 8 hours. On tuesday it was changed to say 8:06 instead of 8:12. Wednesday was 6:06 because I left early for a doctor's appointment. I know someone has went in and changed my time so there is almost no OT reflected. So instead of having 22:56 for the week so far I have 22:12 on my time card. I sent an e-mail to my supervisor because she is out of the office today. I'm waiting on a reply, but if nothing is done, isn't that illegal for them to change it when I was here working?
10-06-2005, 10:29 AM
The employer can round up/down to 15 minutes. What they can't do is always round in favor of the employer; rounding must be consistently applied.
For example, if you come in at 8:38 and they round to 8:45, then if you clock out at 5:48, they must round to 6:00.
10-06-2005, 10:32 AM
The rounding is done to the nearest 6 mins here not 15 mins. So it is already automatically rounded. I lost 36 mins in just one day. One of my times was changed from me coming in at 7:45 to 7:58.
10-06-2005, 12:43 PM
Nope. Contact the Division of Labor Standards Enforcement. BTW, can you actually see the old time and the new time on the time document?
10-07-2005, 09:11 AM
I can't see the changes that were made except that we have badges that we have to use to get in and out of the doors. If we forget the our badge then we have to sign in and out at the guard station. So there is an electronic record of when I entered and left the building.
10-07-2005, 10:22 AM
Do you clock out for your lunches? These clocks are sometimes programmed to give you minutes, if you took a short lunch. For example, say you clock out for lunch at 9:00 and clock back in at 9:27. The clock will add 3 minutes to avoid a violation.
Any adjustments to your time records without your permission is illegal.
10-07-2005, 11:16 AM
Morton, that is not necessarily true. It is perfectly legal for an employer to revise a time card if the times reflected do not actually correspond with the time worked (rounding acceptable as previously stated). For example, if an employee punches in at 7:30, but doesn't start working until 8:00, the employer is allowed to correct the punch time.
Can you point to a law that says that an employee has to "approve" all time card/time sheet corrections?
10-07-2005, 01:40 PM
I stand corrected.there isn't a law that states exactly that. I did not mean to say the employee has to 'approve' an adjustment. However, an employee's disapproval of an adjustment carries just as much weight.
"(A) Every employer shall keep accurate information with respect to each employee including the following:
(1) Full name, home address, occupation and social security number.
(2) Birth date, if under 18 years, and designation as a minor.
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded.
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the employee.
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to the employee upon reasonable request.
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. An accurate production record shall be maintained by the employer.
(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately, an itemized statement in writing showing: (1) all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee's social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be aggregated and shown as one item.
(C) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day, and year and shall be kept on file by the employer for at least three (3) years at the place of employment or at a central location within the State of California. An employee's records shall be available for inspection by the employee upon reasonable request." IWC Wage Order
And they BETTER be accurate.
10-07-2005, 05:54 PM
There are no adjustments made to the timecard by the computer except to round it to the nearest 6 mins. I found out that it was changed by a supervisor here. I don't know the reason but another supervisor changed the times back to the way they were. I have my time back now.