Announcement

Collapse
No announcement yet.

Just curious. ---- Connecticut

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Just curious. ---- Connecticut

    is it illegal.. to claim (on paper it says you worked 8 hrs) to work a 8 hour day but only actually work 3 or 4 or 5 hours? even if your a salary employee? if so what is the law against working less then what your paided for? in CT ?

  • #2
    Salaried is only a pay method. What matters is whether you are exempt or non-exempt.

    The issue here is going to be what the results of this claim are. If an exempt employee only worked five hours but is instructed, for administrative purposes, to put down eight, that's not a problem. On the other hand, if they put down eight hours instead of five which results in their obtaining a benefit or bonus they were not entitled to, that is a problem.

    If a non-exempt employee put down that they had worked eight hours but they had only worked five and as a result they were paid for three hours that they did not actually work, in my opinion that employee has stolen from the company. On the other hand, if the non-exempt employee is instructed to put down eight hours because the employer wants to give him a bonus for working on a holiday, that's okay.

    So it's the results, not the action, that matters.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      its exempt employee.... but they are not being instructed to put 8 and only work 4.. the employee is doing it with out permission or knowledge of the employer.. what kind of laws are being broken if any?

      Comment


      • #4
        Probably not any laws. Company policy, maybe. If the employee is exempt, the number of hours on the time sheet should not be affecting pay so there's no FLSA violation.

        There could be fraud involved if the extra hours result in the employee receiving FMLA, 401k benefits, company provided bonuses etc. when they are not entitled to it/them.

        Again, the results, not the action, are going to be the deciding factor.

        I will say that if I caught an employee, exempt or non-exempt, falsifying their time sheet whatever the results, they'd be fired five minutes later.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment

        Working...
        X