Table of Contents
Can an employer adjust your hours to avoid overtime?
The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (“FLSA”) does not prohibit an employer from modifying its workweek in order to avoid overtime costs. The only requirement on employers is that the change must be intended to be permanent.
Can an employer take away hours worked?
Yes. Under the Fair Labor Standards Act (FLSA), employers must keep certain records for nonexempt employees, including hours worked each day and total hours worked each workweek. Employers may use any time-keeping method they choose, including written time sheets, time clocks or automated time-keeping systems.
How can an employer prove time theft?
If you think employees are stealing time at work, below are a few things to look out for in their behavior.
- Misrepresenting their time worked.
- Taking longer breaks than allowed by their shifts.
- Buddy punching.
- Misreporting their time spent on a job site or on the road.
- Spending time on personal tasks at work.
Is stealing time a fraud?
Is time theft a crime? Time theft is considered to be a crime, and in some cases where the total wages paid exceeds that of felony theft, a felony crime.
Can an employee agree not to be paid overtime?
Conclusion. In summary, it is not illegal to refuse making overtime payments but this is dependent on whether or not your employees’ modern award or agreement sets out overtime rates do not apply. Otherwise, you must pay your employees overtime or penalty rates, which you must legally do so.
Is mandatory overtime legal?
The answer is yes, an employer can force employees to work mandatory overtime. The Fair Labor Standards Act (FLSA) is responsible for establishing the 40-hour work week for employees. The law does not place a maximum limit on the number of hours employers can require their employees to work.
What happens if an employee steals?
Employee Theft or Embezzlement can be charged as a misdemeanor or a felony depending on the value of the property taken and the defendant’s prior criminal history. The punishment ranges from six months in county jail to three years in state prison. Anything you say can and will be used against you in a criminal case.
What is buddy punching?
Buddy punching occurs when one employee asks another employee to clock in on their behalf. In some cases, employee #1 is running late or has not arrived to work at the scheduled time, so they ask employee #2 to clock in for them, in the hopes that the manager or supervisor on duty won’t notice the late arrival.
Is lying on your timesheet a crime?
If you claim hours on your time sheet that you didn’t work, you are guilty of time sheet fraud — altering your time sheet so that you will get paid for hours that you were not actually at work. This behavior defrauds the company, as you receive pay under false pretenses. If you get caught, you can be arrested.
What are the requirements for overtime under the FLSA?
Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.
When does an employer have to pay overtime?
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
What happens if you don’t get prior approval for overtime?
If you work overtime and fail to acquire prior approval, we have to take disciplinary measures, such as a severe reduction in your working hours, loss of responsibility, and even dismissal if it continues. Make sure that employees are properly trained in procedures for requesting overtime.
How is the regular rate of overtime calculated?
In this instance the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50).