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My boss changed the houras on my time card!!!! North Carolina

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  • My boss changed the houras on my time card!!!! North Carolina

    My boss changed the hours i reported on my time card with out notifying me.
    Now my time card is short hours. Is this legal in North Carolina?

  • #2
    Generally it's not illegal to change your hours on your time card as long as you are paid for all hrs. worked & OT when applicable. I assume you're an hourly non-exempt employee.

    The thing is whether you were/are paid for all hours worked (& OT when applicable) even if the time card is wrong.
    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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    • #3
      Originally posted by Betty3 View Post
      Generally it's not illegal to change your hours on your time card as long as you are paid for all hrs. worked & OT when applicable. I assume you're an hourly non-exempt employee.

      The thing is whether you were/are paid for all hours worked (& OT when applicable) even if the time card is wrong.
      I submitted a time card proir to a mandatory OT work day. This is a normal process to put in for 8 hours on your mandatory work saturday. My boss informed me today that he changed it to 5 hours and submitted it. This past Saturday I ended up working 7 hours. So no as of now I have not been compensated for my time. I was told to add it to my next time card.

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      • #4
        Probably not legal. Not because they messed with the timesheet, which is legally nothing, but because they apparently are not paying OT based on hours worked.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          If they are going to pay you the 2 missed hours on your next paycheck, then there is really nothing you can do.

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          • #6
            I "think" DAW was concerned that OP would not get paid all required OT doing it that way.
            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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            • #7
              Just so we are all taking about the same thing, lets say the workweek ends Sunday midnight and this workweek Bob works 50 hours and next workweek he works 30 hours. Unless Bob is subject to an unusal exception (hospital, government employee, et al), Bob this workweek earns 40 regular and 10 OT, and next workweek earns 30 regular. If the employer pays Bob 40 hours regular each workweek, then likely the employer has just violated the FLSA law, plus possibly the NC laws (if any).

              Also to be clear, the timesheet is not nothing, but legally the timesheet is the employer's document and the employer can do any darn thing they want to it. Problems with the timesheet are legally (under FLSA) an issue between the employer and federal DOL, with the employee NOT being a legally interested party. HOWEVER failure to pay employees the correct amount based on actual hours worked as required by federal and state law is the employee's issue. In 1938 there was a famous SCOTUS court case (Yankowski v. Montgomry Wards) which stated if the employee voluntarily submits the timesheet it becomes legally difficult for them to change their mind about hours worked later. This case does not say the employer cannot change the time sheet, but does give the employer some legal reasons to be smart about it. Way back in the old paper days, we always had the employees complete timesheets/timecards, and did any corrections in red ink and initialed them. We made it very clear what was the employee's opinion and what was the employer's opinion. Not because the law required this, but because it was legally dumb to blur those lines.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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