Employers often want to control staffing costs. They may achieve that goal by keeping hourly wages low and minimizing how many staff hours they schedule. Unfortunately, some companies cross the line between attempts to minimize staffing expenses and outright wage theft.
Organizations may try to deny workers to pay that they deserve for time already worked. Workers in New York may face a variety of different wage violations. Companies might try to force them to work off the clock in some cases. Other times, businesses might actually alter timeclock records to pay workers less than they deserve.
Can businesses manipulate the records of when a worker started and ended a shift?
Certain adjustments are legal
Technically, employers can sometimes make minor changes to timeclock records if they maintain accurate records as required by the Fair Labor Standards Act (FSLA). For example, if an employee forgot to clock in at the beginning of a shift or out when they left for the day, they could ask a manager to update the records to reflect when they absolutely worked.
It is lawful for organizations to correct inaccurate timeclock records. It is not legal to intentionally manipulate those records to reduce what pay a worker receives. Making a few small adjustments to the time in and out throughout the course of one week could deprive a worker of pay for an hour or more of their time. The company could avoid paying overtime wages when it may otherwise have an obligation to pay workers for that extra time.
How can workers prove wage theft?
The simplest way to establish that a company has inappropriately altered time clock records is to maintain separate records of when each shift started and ended. By comparing those personal records to company records and the paycheck issued, a worker could potentially find inconsistencies indicative of wage law violations.
If a worker can prove that a company altered the records of when they worked, they may be able to pursue compensation for the time worked without pay. Frequently, such scenarios require outside support, as companies willing to break the law to avoid payroll expenses often deny that they have done so.
Recognizing a trend of wages paid not aligning with time worked could help employees hold a business accountable for repeatedly violating their right to fair wages. A wage and hour lawsuit can potentially lead to direct financial compensation for affected workers and may force a company to change its practices. Understanding how companies frequently violate wage and hour laws can help workers assert themselves in unfair situations.