I live in California and worked 11 straight days, in a 15 day pay period. My Manager told me that they will place my 6th and 7th day as if i didn't work and place those hours on and place them for my 12th and 13th day in the pay period so that it looks like I worked those days instead. Basically in 2 weeks i worked al full weekdays plus the weekend straight 8 hours all day and half of the next week where Thursday and Friday of the second week they gave me the days off. When I saw my hour report per pay period it showed that they took away my hours for the weekend I worked and placed them for the Thursday and Friday that they gave me off. Can an employer really do this.???
3 Answers from Attorneys
Your time records should accurately reflect the days and times that you worked. Perhaps more importantly, if you are entitled to overtime pay, then your overtime pay should be calculated based on the days that you actually worked.
It is unlawful for your employer to falsify time records since they have a legal duty to keep accurate time records for three years. If you are a nonexempt employee, you are owed overtime of time and one half your regular wage for all days worked over 8 hours (not including lunch period) OR over 40 hours in the workweek. In addition, on the 7th consecutive day, you are owed time and one half for the first 8 hours and double time after that. Advise your attorney of the law and get your records corrected. It is against the law for your employer to retaliate against you for asserting your right to correct time records and/or overtime pay.
You should be paid for the time you worked and if overtime pay is due then that should be paid. It is improper to falsify time records.
This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm..
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