What to do if I am a manager at a bar/restaurant and my direct supervisor asks me to alter timecards for hourly employees that clock in a few minutes early and begin working?
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What to do if I am a manager at a bar/restaurant and my direct supervisor asks me to alter timecards for hourly employees that clock in a few minutes early and begin working?
Is this legal?
Asked on October 7, 2015 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, it is not even remotely legal. It is a violation of the wage and hour laws, for a start, which require accurate record keeping and pay for all time worked. It may also be a form of theft--essentially stealing money from employees by not paying them when they start early. Since you know what you are doing, you could be held liable, too, for participating or aiding in these actions therefore, not only would your employer be liable, but you could face penalties or liability. It is no defense to say that your supervisor told you to do this your supervisor has no legal authority tomake you break the law.
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