Legal Question in Employment Law in Arizona
Altering Timesheets
I arrived early to work 15 minutes (9:45am) one day this week. While standing at the time clock, I was asked to relieve another employee for a lunch break, so I clocked in and began working. Two days later, my employer changed my timesheet and time punch on the clock, without notifying me, to reflect my regular, scheduled start time to 10:00. When questioned, my employer said that I was not authorized to clock in early and that clocking in more than 5 min in advance was violation of corporate policy. I have proof that my co-worker clocked out minutes after I clocked in, yet my employer still refuses to pay me for the time I worked. This isn't the first time she had done such things, but it's never been more than a minute or two at a time. I understand that under the FLSA this is unlawful, but how do I prove this to my employer and prevent it from happening again in the future?
1 Answer from Attorneys
Re: Altering Timesheets
Under the FLSA it is illegal to refuse to pay an employee for overtime the company allowed the individual to work. Here, it sounds as if the employer actually asked you to perform the work in question. If this amount of time would have put you over the threshhold for overtime, the FLSA would apply. If not, it is likely the Arizona Wage Payment Act would apply.
If the FLSA applies, you can always file with the United States Department of Labor a complaint. If the Arizona Wage Payment Act applies, you can file with the Arizona Industrial Commission a formal complaint. You, of course, could always bring suit, but the amount in controversy makes that impractical. You can also file an internal complaint.
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