Even when an action seems like it is unfair, it may be legal. For example, your employer is allowed to change your time card without your knowledge. If you think that it was unfairly adjusted, you should talk to your boss and review the Fair Labor Standards Act to determine if the changes were a violation of the law. You can also talk to the lawyers at Swartz Swidler for help in determining whether the changes that your employer made were lawful.
The Fair Labor Standards Act
The federal Fair Labor Standards Act was enacted to protect the rights of workers. Under the act, employees must be paid at least the federal minimum wage. Your pay cannot fall below the amount of the minimum wage, and any overtime that is owed to you cannot be reduced.
The Wage and Hour Division of the U.S. Department of Labor is tasked with several work issues. One of these is making certain that the work that you perform and the pay that you earn are documented properly. Your employer is required to keep documentation of all of the hours that are worked by each employee. Employers are allowed to use any type of documentation that they want as long as they keep all of the required information, including your name, the hours that you worked, your rate of pay, the time and date when your workweek begins, your pay periods and the total amount of money that you earned during each pay period.
Your employer is required to keep payroll records for a minimum of three years. Time cards must be maintained for two years. If you believe that your employer violated the law within the last two or three years, you should be able to obtain the records that you need to prove your case. If your employer doesn’t have the required documentation, your employer is in violation of the law.
Examples of when changing your time card is allowed
Your employer may change your time card without your permission for several valid reasons. If you forgot to clock in or out, your employer can make adjustments. Your employer may also change your time card if you double-punched a time or took paid vacation. Your employer cannot reduce your hours as a punishment, erase your overtime hours or take time off for a lunch that you did not take. If you think that you were not compensated for all of the time that you worked, the employment lawyers at Swartz Swidler can help you to secure the records that you need so that you might recover the money that you are owed. Contact us today to schedule your consultation.