I am an exempt employee. It is very common to work more than 50 hours a week in the company. Yet management requires us to “adjust” the hours that we report on time sheet to no more than 40 hours. Is this legal?
Ann Kiernan replies:
No! It is never OK to record false hours of work. While you do not have to be paid overtime, your time records should be accurate. For example, the federal Family and Medical Leave Act allows up to 12 weeks of unpaid, job-protected leave for various reasons. The “week” is not an automatic 40 hours, but based on the employee’s normal work week. So, someone like you who works 50 hours a week, should be entitled to 600 hours of FMLA time (12 x 50), not 480 (12 x 40).
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.