Legal Question in Employment Law in California

Altering Timecards

I recently worked over night for my company on a job that they were doing. I arrived on the job at 10:30pm and left at 7:30am the ext morning. There were two of us on the job and we both worked the same hours except the other employee had to take some material back to our shop (from Downtown to East County, San Diego)so he clocked an additional half an hour. The supervisor on the job who was only there for a little while during the middle of the shift claimed that we did not work as long as we did and altered our timecards without our knowledge or consent to what he felt were the hours we worked. It cheated us out of a good chunk of OT. Is it legal for them to do this? I did really work those hours and he wasn't even there so who is he to say when we got there and when we left? I thought there was some kind of law about altering time cards without the empoyees knowledge but I wasn't sure so I wanted to find out before I say anything to the boss.


Asked on 12/31/04, 1:59 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Altering Timecards

You are entitled to pay for all hours worked. Provide written notice to your employer's payroll department and your supervisor of the hours worked. If you are not paid you have a claim. It may not be prudent to make a small claim while employed as the employer may retaliate. It might not make sense to risk the retaliation for a few hours of overtime pay. However, keep good records of the hours worked and then make a claim after you leave the company (within 3 years). You will be entitled to a substantial penalty if it can be established that the failure to pay was wilfull.

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Answered on 1/06/05, 3:01 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Altering Timecards

Over 8 hours, time and a half. Over 12, double time. After five, must allow lunch break, if not given, must pay penalty of one hour regular wage. Need more info. Call to discuss. Need more info.

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Answered on 1/05/05, 5:31 pm


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