Can a manager change time clock records? 10-14-2009

All employees clock in and out at beginning and end of shift. Manager is "adjusting" downward several non-exempt, part-time employees' hours without any discussion with the employees. Any liability for the employer?

Ann Kiernan replies:

You bet there is! Whatever a manager does is considered an action by the employer. Cheating workers out of time violates both state and federal law. Workers are entitled to be paid for all hours worked, and employers have to keep accurate payroll records. If the employer can't show it was acting in good faith, it can be required to pay workers twice the underpaid wages for the past two years. If the employer's violation was willful, then it is liable for double damages for the past three years. And a manager who personally alters time sheets to delete hours can be personally liable for the unpaid wages and damages.

If a manager is falsifying time records, be sure to raise the issue with upper management, Human Resources, your Legal Department, or company compliance hotline. If they don't correct the problem, you may want to contact your local Wage and Hour office for action.

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