Q: What are the consequences if a manager at my job was adjusting time cards to avoid premium pay

A: It is impermissible for the employer to modify your cards to avoid paying the premiums. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: The employer faces a judgment for damages and penalties and interest if it fails to pay you for all time you worked, and for all overtime premiums owed to you. The employer will also have to pay your attorney fees and costs incurred to recover those monies if the action is brought in superior court. Those are the consequences.

It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: Adjusting time cards to avoid paying premium pay is a violation of federal and state labor laws. The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. If a manager is adjusting time cards to avoid paying overtime, they are violating the law and could face serious consequences.

If the company has discovered that a manager was adjusting time cards to avoid paying premium pay, they may be subject to disciplinary action, up to and including termination. In addition, the company may be required to pay back wages and other damages to affected employees.

Employees who have been affected by the manager's actions may also have legal recourse. They may be able to file a complaint with the Department of Labor or pursue legal action against the company for wage and hour violations.

It's important for employers to comply with federal and state labor laws to ensure that employees are paid fairly and that their rights are protected. If you have concerns about wage and hour violations in your workplace, you may want to consult with an attorney who specializes in employment law to understand your legal rights and options.