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Manager instructs employees to fill out time-cards before you work for the work.

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  • Manager instructs employees to fill out time-cards before you work for the work.

    I'm really curious about this one.

    My manager has all of the employees fill out their time-card showing 40 hours, but has us do it before we even work for the week. Then the manager will make adjustments to the time-cards if we take a day off or call in sick, etc.

    There are both salary and hourly people doing this every week. This is in Washington state.

    Is this legal?

    It feels like I'm being required to falsify my time-card every week. Also, I (and many of my co-workers) am often required to work more than 40 hours a week, but we are not allowed to put anything over 40 hours a week on our time cards. However, I'm a salary based employee so I don't know how this would effect me exactly.

    The reason I'm asking is because I don't feel comfortable filling out my time card before I even work for the week and I don't know if this could come back to haunt me in the future.

    Thank you.

  • #2
    Legally there are several different things occurring. There is a federal law called FLSA. This law requires certain actions.
    - The employer is required by the FLSA law to keep time accounting records for all non-exempt employees.
    - The employer is required by the FLSA law to pay non-exempt employees based on actual hours worked.
    - The employer is held legally responsible for failure to pay employees based on actual hours worked. A large number of employers have tried many different methods to falsify time accounting records over the years. Bad things have happened to those employers when caught.

    Now past that, while there is no legal requirement that employees complete and submit time accounting information, it is considered a "best practice". There are also plenty of cases in which the employer ordered the employee to falsify time accounting. Those employers fared poorly in court.

    If you are a non-exempt employee.
    - Keep your own copy of time accounting records at home. Do not tell anyone that you are doing this.
    - If you feel your check is wrong, say something to your employer. Your failure to do this can help the employer later.
    - If your employer fails to pay for actual hours worked for ANY reason, you have the option to file a wage claim.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      You noted there are both salaried & hourly employees & that you are salaried. This
      doesn't mean much - what is important is whether you are non exempt or exempt.
      DAW gave info re all non-exempt employees needing to be paid for actual hrs. worked.

      If you are salaried exempt, you would get your regular fixed weekly salary no matter
      how many hrs. you work during the week. Some employers put 40 hrs. on time cards for exempt employees for payroll/accounting purposes only.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Agreed with the above. You will need to go to the DOL's website to look at the guidelines and determine if you are exempt or not.

        http://www.dol.gov/whd/regs/compliance/fairpay/main.htm

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