Wage and Hour Claims

Adjustments to Timecards

Different employers have different practices for maintaining timecards. While some companies still use a clock that requires a physical card to be punched, most companies have moved to electronic recordkeeping. An employee may need to swipe a card in a master system or login into a computer program that allows them to digitally “clock in” and “clock out.” Whatever system your employer uses, it must accurately reflect the actual time you spent working. Rounding down, “shaving off” time and similar practices can result in employees receiving less pay than they are owed. Be sure to get legal advice if you notice any irregularities with the hours you have been paid for. Sometimes, these are simple clerical errors, but that is not always the case. A pattern of reducing hours or adjusting timecards without a reasonable explanation can indicate that you are not being paid for all the time you have worked.

Rest and Meal Breaks Hourly employees are entitled to take rest breaks and meal breaks. Generally, employees are entitled to a ten-minute rest break every four hours and a meal break if the employee works more than five hours. Your employer cannot require you to work through your breaks. If you do work through this time, you must be paid for it. Your employer cannot adjust your timecard to make it appear as though you took a meal break when you did not. In addition, if working through these breaks puts your hours above the threshold for overtime pay, you must be paid at a higher rate, as well.

Not Counting Work Performed While “Off the Clock “Some employers encourage hourly workers to work after their shifts. Whether this is evenings or weekends, you may be entitled to be paid for overtime. This has become a particular problem in the digital age. With the internet and use of cell phones, it has become a little too easy to work from home. Your employer might encourage you to respond to text messages or emails. You might be asked to join a Zoom meeting or call a client. Whatever the circumstances, an hourly worker is entitled to add this time to their timecard. Do not let your employer convince you that this is mandatory or that this is part of the privilege of working from home. All work performed for your employer counts toward hours that must be paid.

If you must travel somewhere for work that is farther than your normal commute, you are entitled to compensation for your travel time. If you must attend a mandatory training or conference, this too is working time that must be paid by your employer. Your employer might have community events or other mandatory functions outside the office or outside of normal working hours. Any event that is mandatory is working time for which hourly workers must be paid.