Legal Question in Employment Law in California

Yes, the company can alter the electronic data in your time records. I just settled a case for many millions with that same problem. DOL does not need to verify the time records. They can take your word for it. But it is not an easy thing to do on your own and you do have options. I would like to talk to you about your situation. Our conversation is private and free of charge. 805-886-4515.

Hello.

Generally, the burden is on the employer to prove that you are not entitled to overtime, assuming that they attempt to argue.

Also, your testimony regarding the hours worked is sufficient to prove the hours you worked, unless the employer can rebut that with concrete evidence suggesting otherwise.

Falsifying time cards (whether real time cards or electronic record) violates both the labor code and penal code and few employers will engage in such a despicable conduct.

The DOL will consider the testimony of all parties, including any witnesses you and the employer may have in determining how many hours you worked and whether you qualify as a non-exempt employee who is entitled to overtime.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer