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Inconsistent Practices Texas

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  • Inconsistent Practices Texas

    I know this subject has been driven in to the ground, but I have another question about it:

    I am an assistant manager at my workplace. One of the highest paid hourly workers, who often opens the building for business on her own, had a habit of clocking in 15-20 minutes early everyday and starting to work. My supervisor had a meeting with her and told her this was no longer acceptable. Since then her clock-in times have usually been between 9:24 and 9:28 for her 9:30 shift. My boss went into the computer and adjusted all of her times to exactly 9:30 for the entire pay period. He has not done that to any other employee.

    1: Is this illegal?
    2: What are my legal responsibilites now that I know about it? The employee is afraid of retalliation and doesn't want to pursue the matter any further.


  • #2
    1.) No, since she is still being paid for "substantially" all time worked. Contrary to popular belief, the law does not prohibit an manager from adjusting time cards as long as that adjustment does not result in the employee being underpaid. Rounding to the degree you have described is within the legal limits of the law.

    2.) None, since no violations have occurred.
    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.


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