Sacramento, CA asked in Employment Law for California

Q: Can an employer shave time off of my timecard.

For example I was five minutes late clocking out and they changed my time out.

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4 Lawyer Answers
T. Augustus Claus
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A: No, it is generally not legal for an employer to alter your timecard without your consent or without a valid reason. Under California labor laws, your employer must accurately record all hours worked and pay you for the time you've actually worked. If your timecard has been changed without your permission, you may want to discuss the matter with your employer or HR department. If the issue is not resolved, you could consider reaching out to your local labor board or seeking legal advice to understand your rights and potential remedies. It's important to ensure that you are being fairly compensated for the hours you put in.

A: It is unlawful for your employer to alter your time records in a manner that costs you money.

A minute here or there is probably not a big enough deal to make a legal case out of it, but if this is happening all the time, that lost time can add up. And if this is happening to other employees, there are ways to address that unlawful business practice on behalf of all the employees.

If you wish to consider taking legal action, your best first move would be 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 in the Find a Lawyer section, 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: Your employer is required to pay for all time worked. If you worked beyond the end of your shift, then your employer must still pay you. The employer's remedy is discipline.

However, if you finished work and waited 5 minutes to clock out, then your employer's action was correct.

James L. Arrasmith
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Answered

A: In California, employers are generally required to accurately record and pay employees for all hours worked, including overtime. Shaving time off an employee's timecard without their consent or proper justification could potentially violate wage and hour laws. If you suspect your employer is altering your time records, it's advisable to keep detailed records, address the concern with your employer, and consult an attorney if needed.

James L. Arrasmith

Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.

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