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Changing time cards to avoid paying overtime

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My $0.02

Junior Member
My state is NC. My question is whether it’s legal to change time cards to avoid paying overtime.

It’s part of my job to transcribe time cards onto worksheets and then send those spreadsheets to our home office so they can generate payroll. They also get scanned copies of the time cards, but it’s the worksheets that she (the person who actually generates the checks) uses to calculate how much the checks will be.

I use a “nearest 15 minutes” rule. So, if somebody clocks in at 6:53 it’s shown as 7:00 on the worksheet. If they clock in at 6:50 it’s shown as 6:45, and so on.

The home office is trying to eliminate a lot of our overtime hours because it’s too often unjustified. Even if they don’t have an early job to do the workers will come in a half hour or 15 minutes early, clock in, and then sit around and talk until there is actually work to do. They have been told not to do that and have been scolded for it, but they are never actually disciplined for it. So, of course, they stop for a while but then go right back to doing it again.

Yesterday I received a call from the home office, complaining that the worksheets I sent them show too many people clocking in early. I was told that even it a time card shows a clock-in time of 6:45, I am to enter it on the worksheet as 7:00. I want to do this because I know that these guys are just creating overtime for themselves, but I don’t think I can. I believe that if a time card shows a certain number of hours, the worker must be paid for those hours and it is actually illegal for us to strike out the time that’s shown and change it to what we want it to be. I believe that the only proper way to solve the problem is to require workers to not clock in until they are actually going to start working, and then to find a way to enforce that rule—even if it means firing people who disobey it. I’ve tried to explain that to the home office but she insists that I change the times anyway.

If the time cards show 8.5 hours worked in a day but the worksheet shows only 8 hours, what’s to stop somebody from taking pictures of their time cards for, say, a year, and then suing for back pay? I have heard that they could be awarded as much as three times the amount and I think it’s just a matter of time before one of them finds that out and schemes to do just that. Plus, as the person who would be the one to actually make the changes, I’m afraid I could even be personally liable if it’s a criminal act.

I just want to do my job, but I don’t want to break the law, but I am being specifically directed to do so. Am I right, or is it okay for me to change the times the way I’m being told to do?
 


quincy

Senior Member
My state is NC. My question is whether it’s legal to change time cards to avoid paying overtime.

It’s part of my job to transcribe time cards onto worksheets and then send those spreadsheets to our home office so they can generate payroll. They also get scanned copies of the time cards, but it’s the worksheets that she (the person who actually generates the checks) uses to calculate how much the checks will be.

I use a “nearest 15 minutes” rule. So, if somebody clocks in at 6:53 it’s shown as 7:00 on the worksheet. If they clock in at 6:50 it’s shown as 6:45, and so on.

The home office is trying to eliminate a lot of our overtime hours because it’s too often unjustified. Even if they don’t have an early job to do the workers will come in a half hour or 15 minutes early, clock in, and then sit around and talk until there is actually work to do. They have been told not to do that and have been scolded for it, but they are never actually disciplined for it. So, of course, they stop for a while but then go right back to doing it again.

Yesterday I received a call from the home office, complaining that the worksheets I sent them show too many people clocking in early. I was told that even it a time card shows a clock-in time of 6:45, I am to enter it on the worksheet as 7:00. I want to do this because I know that these guys are just creating overtime for themselves, but I don’t think I can. I believe that if a time card shows a certain number of hours, the worker must be paid for those hours and it is actually illegal for us to strike out the time that’s shown and change it to what we want it to be. I believe that the only proper way to solve the problem is to require workers to not clock in until they are actually going to start working, and then to find a way to enforce that rule—even if it means firing people who disobey it. I’ve tried to explain that to the home office but she insists that I change the times anyway.

If the time cards show 8.5 hours worked in a day but the worksheet shows only 8 hours, what’s to stop somebody from taking pictures of their time cards for, say, a year, and then suing for back pay? I have heard that they could be awarded as much as three times the amount and I think it’s just a matter of time before one of them finds that out and schemes to do just that. Plus, as the person who would be the one to actually make the changes, I’m afraid I could even be personally liable if it’s a criminal act.

I just want to do my job, but I don’t want to break the law, but I am being specifically directed to do so. Am I right, or is it okay for me to change the times the way I’m being told to do?
Management needs to insist on no early clock-ins. Post signs by the time clock and send notes to every employee that early clock-ins are not allowed.

I know some businesses don't permit early entry into the workplace or to the area where the time clocks are located to resolve the problem.

The one thing you shouldn't do is alter the time cards. Altering the time cards is a good way for the company (and you) to be sued.
 

LdiJ

Senior Member
My state is NC. My question is whether it’s legal to change time cards to avoid paying overtime.

It’s part of my job to transcribe time cards onto worksheets and then send those spreadsheets to our home office so they can generate payroll. They also get scanned copies of the time cards, but it’s the worksheets that she (the person who actually generates the checks) uses to calculate how much the checks will be.

I use a “nearest 15 minutes” rule. So, if somebody clocks in at 6:53 it’s shown as 7:00 on the worksheet. If they clock in at 6:50 it’s shown as 6:45, and so on.

The home office is trying to eliminate a lot of our overtime hours because it’s too often unjustified. Even if they don’t have an early job to do the workers will come in a half hour or 15 minutes early, clock in, and then sit around and talk until there is actually work to do. They have been told not to do that and have been scolded for it, but they are never actually disciplined for it. So, of course, they stop for a while but then go right back to doing it again.

Yesterday I received a call from the home office, complaining that the worksheets I sent them show too many people clocking in early. I was told that even it a time card shows a clock-in time of 6:45, I am to enter it on the worksheet as 7:00. I want to do this because I know that these guys are just creating overtime for themselves, but I don’t think I can. I believe that if a time card shows a certain number of hours, the worker must be paid for those hours and it is actually illegal for us to strike out the time that’s shown and change it to what we want it to be. I believe that the only proper way to solve the problem is to require workers to not clock in until they are actually going to start working, and then to find a way to enforce that rule—even if it means firing people who disobey it. I’ve tried to explain that to the home office but she insists that I change the times anyway.

If the time cards show 8.5 hours worked in a day but the worksheet shows only 8 hours, what’s to stop somebody from taking pictures of their time cards for, say, a year, and then suing for back pay? I have heard that they could be awarded as much as three times the amount and I think it’s just a matter of time before one of them finds that out and schemes to do just that. Plus, as the person who would be the one to actually make the changes, I’m afraid I could even be personally liable if it’s a criminal act.

I just want to do my job, but I don’t want to break the law, but I am being specifically directed to do so. Am I right, or is it okay for me to change the times the way I’m being told to do?
I know a company that had a no overtime rule that did exactly what your home office is suggesting that you do. One of their employees made a complaint to the DOL, they were investigated, got fined, and had to pay retro overtime to all of their employees going back 2 years. That is NOT what you want to do. As Quincy said you need to enforce no clock ins before 6:55. I wouldn't make it 7:00 because that would end up causing too much of a line at the timeclock and some people would end up clocking in late.
 

My $0.02

Junior Member
Thank you for the response! This isn't the answer I was hoping for because now I have to butt heads with a stubborn HR employee, but I'm certainly not going to deliberately put my employer at risk and I'm sure as (censored) not going to put myself at risk if, as you say Quincy, I could be personally sued. I especially appreciate the examples of corporations who have already been sued for this.
 

xylene

Senior Member
Honestly, in modern computerized accounting, I'm not sure why you are rounding at all.
 

quincy

Senior Member
We had a day care near us (national company with franchises) and the franchise owner doctored not the time cards but the time clock somehow so it shaved time off every employee's paid day (the employees worked a full day but were not paid for all time worked).

Employees sued the franchise owner and she had to pay a substantial amount in back pay and penalties and wound up having to sell the franchise.

This employer also apparently tried to increase her profits by feeding the kids in her care just a slice of cheese and a slice of bread for lunches ... lunches that were promoted as "nutritious" and which parents had paid quite a bit extra for.

It can be a costly game employers play if they try to mess with employee pay or client services to increase their profits.
 

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