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NYC- Timecard laws - tampering w/ empl. timecards

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  • NYC- Timecard laws - tampering w/ empl. timecards

    Hi!

    Does anyone know whether there is a law that clearly states regarding tampering with employee time cards? For example, is it legal to subtract an hour from an employee time card if you know that employee has taken a lunch that day but failed to punch out and back in for it?

    Please help!


    Thanks,
    SB

  • #2
    Modifying the Time Record

    An employer must pay the employee for all hours worked, regardless of what is said on the time record. With that beign said, it is not illegal to modify the time record but it is very risky to change the time record without the employee acknowledging it.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Originally posted by LConnell
      An employer must pay the employee for all hours worked, regardless of what is said on the time record. With that beign said, it is not illegal to modify the time record but it is very risky to change the time record without the employee acknowledging it.
      At my place of employment we are allowed two 10-minute breaks. We do not punch in/out for breaks. On one particular day I had an errand to do. I don't know exactly how long it took. Our payroll manager decided that I took 25 minutes and decided to dock me 15 minutes. I truly cannot confirm nor deny how long I took. So, basically it's my word against hers. My question is does she have the right to do that without first informing me? She is not my supervisor, and apparently she did not go to my direct supervisor to get proper approval to dock my pay.

      Comment


      • #4
        It is not the payroll clerk's responsibility to make decisions regarding your time card. Neither should you be running errands when you have only a 10-minute break. If the time card was incorrect, it is perfectly legal for the supervisor to correct it; getting the employee's sign-off on the correction is best practice, but it is not required by law.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          I can see how it may not be illegal for a supervisor to change an employees timesheet, without notification, if the change is in the interest of correcting the timesheet to be more accurate.

          How about when the change is made in the interest of being LESS accurate? For instance, taking somebody who has been working on projects all week and changing that time to "available," without notifying the employee, for the purpose of avoiding charges on your projects.

          Comment


          • #6
            As long as you get paid for what you work, it's irrelevant to YOU whether the company does not charge out your time to the client. The supervisor may be in trouble with the company for causing lost revenue, but you're out of the picture if you're still getting paid for your work time.

            Might not be a bad idea to keep copies of your timesheets in the future, though, just in case the employer accuses you of making this type of change.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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