Legal Question in Employment Law in New Jersey
how legal is it to "fix" employees timecards to avoid paying overtime wages?
2 Answers from Attorneys
In NJ, overtime must be paid to non-exempt employees for all hours worked over 40 hours per week. The number of hours worked in a day is irrelevant. Hours cannot be carried over or averaged from week to week.
Any device to avoid the law is a violation of the labor laws and may be criminal depending on several factors. Additionally, if the time records are related to contracts with the federal government, the altered records are a criminal violation even if the supervisor makes "corrections". Similarly, altered or falsified time cards can be the basis for civil and criminal fraud if the time records are used as the basis for charges to the State under a public contract.
See also: http://info.corbettlaw.net/lawguru.htm
"Fix" - by making the time cards inaccurate? falsifying? oh, very illegal. Big penalties.
Please give me a call. I can assist with this.
Robert Davies, Attorney 201 820 3460
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