Legal Question in Employment Law in California

Is it against the law for my company to change my time sheets? Or adjust my time for breaks when I didn't take a break?


Asked on 2/08/10, 12:31 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Yes, this is unlawful. Although there is no specific law on time sheets, because under the California labor code, an employee has to be compensated for all work performed and be provided meal and rest breaks as required by law, this practice of your employer will violate the above requirements.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

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Answered on 2/13/10, 12:39 pm
Herb Fox Law Office of Herb Fox

Not only is it unlawful, but you may have the right to damages, including time-and-a-half for the time you worked through breaks, etc, interest on that money, and other penalties. If this is a practice affecting only yourself, you should consult with an employment attorney in your area. If, however, this is a company wide practice, all of your affected co-workers (including past employees) can attempt a class-action against your employer. Whether you can succeed in a class action will depend on a variety of factors, including the number of affected employees.

I have experience in wage-and-hour class actions, and I recently settled a case with similar facts to your situation. In that case I associated with an attorney in Tustin who specializes in wage and hour violations.

Please contact my office if you would like a free, confidential consultation. I have offices in Santa Barbara and Century City, and I can meet with you in Orange County.

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Answered on 2/13/10, 1:26 pm


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