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Changing Timecard Punches Pennsylvania

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  • Changing Timecard Punches Pennsylvania

    First I am OEM. Our "Boss" required all managers to "work" our hourly associates Holiday Party. I clocked out at 9:52 pm, my direct manager changed my out punch to 7:00 pm. I worked all but maybe 20 minutes when I was told I could eat dinner. I am not required by my company to punch out for breaks.
    My direct manager made this change without speaking to me about it. According to our company policy & I think by pa state I did not sign off on anything saying this was acceptable.
    Can my direct manager legally change my punch?

  • #2
    It is not a violation of law, per se, for the company (in the person of your boss or other person in authority) to change time records. The violation occurs if, as a nonexempt employee, you are not paid for all hours worked, which would include hours required to be at the associates holiday party.

    However, as a manager, are you exempt? If so, whatever the time punches are on your time record wouldn't affect your pay, so I'm not sure that this wouldn't be "no harm, no foul".

    Are you a salaried exempt employee?
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    • #3
      I am a Overtime Eligible Manager. Meaning I am required to work 45 hours per week, 40 straight 5 ot, anything beyond is considered additional pay.
      I must clock in and out to track my hours.

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      • #4
        OK, then they are not treating you as an exempt employee, so since you were required to attend the party, that is work time and if changing your time card resulted in your not getting credited with all hours worked, and therefore, you were not paid (or underpaid) for overtime pay, then you have a claim with the state Dept. of Labor.

        Just for curiosity's sake, what was the reason for this change? Are they saying you were "volunteering"?
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        • #5
          I am part of our "Moral Committee". The Moral Committe had to set up the decorations, bar, prizes, and welcome table for the party. The hourly associates who are also on the committee clocked out before 7 pm to get changed for "their" party. This is my direct managers justification for changing my punch.

          I was covering the welcome table, I gave out boxes of chocolate and prize tickets to the hourly associates. About 7:45 I sat and ate for about 20 minutes. I returned to working, cleared tables, helped give out prizes and awards the the "Big Boss", helped at bar. I asked my direct manager if I could go and be done working, can I clock out. My direct manager said yes, that was roughly 9:45 pm, I did and went home.

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          • #6
            The 20-minute break does not have to be paid, as it appears you were free from duties at that time. So, having said that, does that change the situation as to what you were paid for?
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            • #7
              My direct manager could deduct 20 min from my clock out time, from 9:52 pm to 9:32 pm but that would still be a difference of 2hrs and 30minutes. I would still would not be getting credit for this time.
              So I am at least entitled to that much time?

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              • #8
                Yep. However, better that the punches reflected the actual time in/out for the meal period.
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                • #9
                  Thank You

                  Thank you Patty. I know now what I can do and that I actually have a leg to stand on. Do you know where I can find this is writing from the DOL?

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                  • #10
                    Would these do it? I've got more if you need them.

                    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htm

                    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.11.htm
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                    • #11
                      One more question, Is there anything in writing from the DOL that states employers must have an associates agreeance to change a time punch?

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                      • #12
                        No, that there isn't.
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                        • #13
                          I am being told that I am not being paid for this because I had a drink that was offered to me by our "boss". My direct manager is telling me that since every manger had to work it no one is being given credit for it.
                          Is this right? How can I not be paid for hours worked?

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                          • #14
                            As a nonexempt employees, you must be paid for all hours worked. You can file a claim for unpaid overtime with the state Dept. of Labor.

                            Before you go there, though, one other thought came to me. You say you are an "Overtime Eligible Manager". That is not an FLSA classification. If you are absent for part of a workday and you don't have any vacation or sick time to cover the absence, is your salary docked?
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                            • #15
                              Yes, I am only paid for actual hours worked. That is why I have to clock in and our to track my hours.

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