The accuracy of time records is a foundational element of employment law, directly tied to an employee’s compensation. When an employer modifies a timesheet without the employee’s knowledge, it raises questions about legality and fairness. Unauthorized changes are a serious concern that can compromise payroll integrity and may violate federal labor standards. Understanding the difference between a legitimate correction and an illegal alteration is necessary for both employers and employees to ensure proper wage payment and compliance.
Federal Requirements for Timekeeping Accuracy
Employers bear the responsibility for maintaining precise records of all hours worked by non-exempt employees, regardless of the timekeeping system used. This obligation stems from the Fair Labor Standards Act (FLSA), which mandates that records must accurately reflect the actual time the employee began and ended work each day. The FLSA does not require a specific format for timekeeping, allowing systems to be varied, such as physical punch cards, electronic time clocks, or written timesheets, provided they produce complete and accurate documentation.
The record-keeping requirement prevents underpayment and ensures that all compensable time, including overtime hours, is fully accounted for. If an employer’s records are inadequate or inaccurate, the burden shifts to the employer to rebut an employee’s testimony regarding the hours they worked. Federal regulators view the employer’s duty to maintain truthful and verifiable time data seriously.
Permissible vs. Impermissible Timesheet Adjustments
An employer’s ability to adjust a timesheet is strictly limited to correcting a genuine error to accurately reflect the hours actually worked. For example, a manager can legally intervene if an employee forgot to clock out or accidentally created a “double punch” error. In these cases, the employer corrects a mechanical mistake to ensure the employee is paid correctly for the time they worked.
An adjustment becomes impermissible when it reduces recorded hours for the employer’s financial benefit, especially without the employee’s knowledge or consent. Changes are illegal if they result in the timesheet reflecting fewer hours than the employee was present and working. Any alteration must be justifiable as correcting a factual mistake, not attempting to eliminate overtime pay or reduce total compensation owed.
Identifying and Defining Wage Theft Violations
Unauthorized timesheet changes that result in underpayment are defined as wage theft, a serious violation of federal labor law. This activity often manifests as “time-shaving,” where an employer systematically reduces an employee’s hours by shaving minutes off a shift or deducting time for breaks that were not taken. The intent behind these alterations is typically to avoid paying minimum wage or required overtime compensation.
When an employer manipulates records leading to a reduction in pay, the business is exposed to significant penalties under the FLSA. Employees who prove they were underpaid due to timesheet manipulation are entitled to recover the back wages they are owed. Courts can award liquidated damages, which effectively double the amount of back pay due to the employee as a penalty. Consequences increase when the actions are found to be willful or part of a pattern of behavior, which can also lead to civil penalties.
Practical Steps for Employees to Resolve Disputes
Employees who suspect their timesheets have been altered should first document their own hours independently of the company system. This personal record should include the exact time work started, all breaks taken, and the time work ended each day. Gathering this evidence, such as personal logs or copies of original time records, provides a necessary foundation for any formal dispute and allows for direct comparison against company records.
The next step involves formally raising the discrepancy within the company, typically by addressing the manager or Human Resources department. When reporting the issue, the employee should clearly state the specific dates and hours of the suspected discrepancies and request a written explanation of how the wages were calculated. Seeking internal resolution first allows the company an opportunity to correct an inadvertent error and helps establish a paper trail if the issue needs escalation.
External Reporting and Legal Options
If internal attempts to resolve the timesheet dispute are unsuccessful, or if the employee fears retaliation, external resources offer a pathway for investigation and remedy. The primary federal agency for filing a complaint is the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The WHD investigates complaints related to minimum wage, overtime, and recordkeeping requirements under the FLSA, and all complaints are handled confidentially.
Employees can file a complaint online or by phone, providing details such as the employer’s information, the type of work performed, and how and when they were paid. State labor departments or wage divisions handle local wage claims and may offer enhanced protections or penalties beyond federal law. Seeking consultation with an employment lawyer is an option, as an attorney can evaluate the potential for an individual lawsuit or a class action to recover unpaid wages and statutory damages.