Legal Question in Employment Law in California

Your time records should accurately reflect the days and times that you worked. Perhaps more importantly, if you are entitled to overtime pay, then your overtime pay should be calculated based on the days that you actually worked.

It is unlawful for your employer to falsify time records since they have a legal duty to keep accurate time records for three years. If you are a nonexempt employee, you are owed overtime of time and one half your regular wage for all days worked over 8 hours (not including lunch period) OR over 40 hours in the workweek. In addition, on the 7th consecutive day, you are owed time and one half for the first 8 hours and double time after that. Advise your attorney of the law and get your records corrected. It is against the law for your employer to retaliate against you for asserting your right to correct time records and/or overtime pay.

You should be paid for the time you worked and if overtime pay is due then that should be paid. It is improper to falsify time records.

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