If my boss is asking me to do something that is against the law, in this case changing a person's time card so that overtime will not be paid this week and then putting that time on a different week (at the employee's request) can I get in trouble for doing it? Obviously I know it's against the Fair Labor Standards Acts law, but will I still get in trouble even if I have written proof he told me to do it?
1 Answer from Attorneys
You could. If your employer is caught by the Dept. of Labor doing this, he could possibly deny it and blame you. Simply tell your boss that you don't feel right about changing an employee's time card., even if the employee agrees. If next month this employee gets fired, he may claim that he never authorized the change, and then it becomes your word against his/hers. It is your employer who faces real problems, and depending on the situation, he might just say that you committed a clerical error. On the other hand, jobs are hard to come by in this economy and you should handle this situation very carefully. The last thing I want is for you to lose your job over this, but I also don't want you to get in trouble with the State.