Can My Employer Adjust My Timecard?
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In California, employers are generally allowed to make adjustments to employee timecards, but only under specific, lawful circumstances. Adjustments must reflect accurate working hours and cannot be made to deny employees their rightful pay, including overtime. California Labor Code Section 204 requires employers to pay employees for all hours worked, and intentionally altering timecards to reduce pay is illegal and can be seen as wage theft.
When Adjustments are Permissible
- Correcting Errors: Employers may adjust timecards to correct mistakes for hours worked. For example, if an employee accidentally clocks in late or forgets to clock out, the employer can make corrections to payroll records to reflect the actual time worked.
- Rounding Time: In California, it’s legal to round the time clock to the nearest quarter-hour as long as the practice is fair and averages out over time. Employers cannot round time in a way that consistently benefits only the employer and shortchanges the employee.
- Meal and Rest Breaks: Employers can make adjustments for meal and rest breaks if employees clock out and back in. However, any break that is 30 minutes or longer should generally be unpaid, while shorter rest breaks are typically paid.
When Adjustments are Not Permissible
- Reduction in Hours Worked: Employers cannot alter an employee’s time card to reduce total hours to avoid paying overtime hours or minimum wage. This can be considered wage theft and is illegal according to California’s state wage and hour division.
- Failure to Compensate for Work Done Off-the-Clock: Any time an employee spends on work-related tasks, whether on-site or off-site, must be recorded and paid. Adjustments that erase any of an employee’s hours worked, or minimize their hours, are prohibited.
Time Records
California’s time card laws offer important protections for employees and set clear standards for employers, emphasizing the importance of accurate timekeeping and fair pay. Under California Labor Code and guidelines from the California Division of Labor Standards Enforcement (DLSE), the laws aim to ensure that employees are compensated fully for their actual hours worked, including overtime wages, and regulate employer practices around clocking in, clocking out, and adjusting the time sheet.
Accurate Timekeeping
Employers in California are legally required to maintain accurate records of employees’ work hours, including start times, end times, and any meal or rest breaks. This record-keeping requirement applies to all nonexempt employees (usually hourly workers), who are entitled to overtime pay when they work over 8 hours in a day, or 40 hours in a week. Time sheets serve as the primary record to track employee work hours, and any inaccuracies can affect the employee’s pay, potentially leading to wage disputes.
Employer Adjustments to Timecards
In California, employers are allowed to adjust timecards, but they must do so cautiously and for legitimate reasons. For example, an adjustment may be necessary to correct an error, like if an employee forgets to clock in or out. However, adjustments must accurately reflect the hours worked and cannot be altered to reduce an employee’s pay.
Intentional manipulation of time records to avoid paying overtime or reduce hours is illegal. If an employee believes their timecard was unlawfully altered, they have the right to seek the help of an experienced employment lawyer, like the attorneys at Lawyers for Justice, PC (LFJ).
Rounding Practices
In California, it’s legal for employers to manage employee time cards and round time entries to the nearest set increment, usually a quarter-hour (15 minutes). However, this practice must be neutral, meaning it cannot systematically benefit the employer while disadvantaging the employee.
For example, if an employer rounds down start times but rounds up end times to avoid paying overtime, that would be considered an unfair practice. Courts have held that time rounding is permissible only if, over time, it averages out so employees are compensated fairly.
Meal and Rest Breaks
California has strict laws around meal and rest breaks. Employers must provide a 30-minute unpaid meal break for shifts over five hours and a 10-minute paid rest break for every four hours worked. Employees are not required to clock out for short rest breaks, but they must clock out and in for meal breaks. Employers who fail to provide required breaks must pay the employee one extra hour of pay as a meal or rest break premium for each violation.
Off-the-Clock Work
California law prohibits employers from requiring or allowing employees to work off-the-clock, meaning work done outside the hours recorded on a timecard during a pay period. All hours an employee spends performing work-related tasks, even if outside normal hours, must be recorded and compensated. This includes tasks like answering work-related emails, taking calls, or preparing for the workday outside recorded hours.
Legal Remedies for Unlawful Timecard Practices
Employees who suspect unlawful timekeeping practices, or behavior that violated the Fair Labor Standards Act, can seek legal action. California law allows employees to recover unpaid wages, penalties, interest, and attorney fees. Additionally, employers may face civil penalties if found in violation of timekeeping or wage laws.
Is Timecard Fraud Illegal? – FAQ
can an employer adjust your hours to avoid overtime? If an employer manipulates an employee’s clock out time to avoid paying them overtime, that is generally illegal.
can my employer change my hours without asking? In most places in California, employers can change an employee’s work schedule without notice. While seemingly unfair, there isn’t a law in place that requires employers to make scheduling changes within a certain period of time.
can i sue my employer for changing my time card? If your employer has altered your time card unlawfully, you may have grounds for legal action. Call LFJ today for a free consultation.
can an employer change your time card without telling you? Both federal and state laws say that employers can make necessary changes to timekeeping records. For example, if a worker forgets to clock out at the end of a shift, the company can add details to time records showing when they left for the day.
can an employer not pay you if you forget to clock in? California law typically requires your employer to timely and regularly pay you for all your working time.
can an employer force you to clock out? If your employer or supervisor forced you to clock out of work before allowing you to leave work, that is illegal. However, an employer is allowed to cut an employee’s shift short.
what happens if you dont clock out? It can depend on the company policy, but usually the hours will be corrected to reflect actual hours worked.
can a supervisor change your time card? They can change a time sheet to accurately correct any errors.
is timecard fraud illegal? Yes. Employers cannot change time sheets to benefit the company and rip off an employee.
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203