If a co-worker is deliberately falsifying timesheets and management is aware of this yet continues to pay according to the timesheet, what approach should other employees take? Very small office and staffis aware this is happening.

If management doesn't care I don't know that anyone else does -

That is not true that no one else cares. It is illegal to falsify timesheets.

Have the employees keep a daily log of their hours. Than match it against the times paid for on their timesheets. It should match with the exception of rounding. The employer is allowed to round to the nearest 15 minutes.

If it does not than go to your local Department of Labor and file a complaint. They will investigate and if they find the company has been illegally timecard fixing they will make the company go back and pay for the time on the journals.

Shirley

The US Department of Labor? Isn't it a State agency first?

And I still don't think they'll care because I don't see any harm or foul. And if management knows and does nothing I don't see the violation and very possible there IS no violation and OP simply has some ax to grind.

And it's not flat out illegal - it's OFTEN illegal and that depends on the circumstances and purpose.

I think the answer is somewhere between my answer and yours.

Each state except Florida has a state department of labor. The Timesheet is an official document and cannot be tampered with. It must be kept for 3 years in case of a DOL audit. If it is changed the correct procedure is to have the employee initial the change.

Time sheets are the property of the company, and it is a company obligation to make sure they are correct. Otherwise they could run afoul of payroll and benefits laws, such as the Fair Labor Standards Act (FLSA) and Employee Retirement Income Security Act, among others. For example, if a manager alters a time sheet without the knowledge of the employee and without a sound business reason, and it alters the employee's deserved pay, then the FLSA may apply. However, if an employee accidentally leaves off a vacation day, it would seem fair and appropriate that a manager rectify the oversight.

If a claim is filed with the DOL than they look at the above type changes. Changes to the timecard to avoid paying overtime are illegal. It is a violation of the FLSA. Even if overtime is not approved it still must be paid for, it cannot be removed from the timecard.

It can be dealt with as a disciplinary measure if the policy says all overtime must be approved than the employee is in violation of the company policy. It still must be paid but it becomes a performance issue.

FMLA and Pension Plan Hours for Profit Share distributions and Qualification for Pension Plan Matching Contributions are also tied to hours and if the hours are changed it could change amounts of hours for these two acts.

Falsifying timecards is a big issue in the trucking industry with hourly paid delivery drivers that are only allowed to drive a certain number of hours such as FED EX, UPS, and others. They can run afoul of DOT and other government agences for fixing timecards.

In California several companies are setting on overtime claims that overtime was not paid an d was either not on the timesheet or removed from it.
State Farm Insurance agreed to pay $135 million to settle a lawsuit alleging that it failed to pay overtime to 2,600 claims adjusters in California. The settlement is the latest multimillion-dollar payout in a wave of white-collar overtime lawsuits in California, where the laws governing this area are stricter than in other states. The number of white-collar lawsuits centering on overtime pay has jumped in the state after a 2001 jury verdict against Los Angeles-based Farmers Insurance. RadioShack, Bank of America, Starbucks and Rite Aid are a few of the national companies that have agreed to big payouts in California to avoid squaring off at trial against thousands of managers, assistant managers or tellers.

Walmart is also in big trouble for this same problem. They are in trouble for Overtime among other things.

One claim the DOL gets a lot is that the timesheet is changed to reflect that a lunch was given to the employee because it is required by law when actually the employee never took a lunch and should have been paid the time as it was actually worked time.

Here is a website you might find interesting if you click on the map you can find all the cases in any state you click on that have been filed because of workplace fairness.

In my company the timecards are never changed without the authorization of the employee.

Shirley

Workplace Fairness - Court Cases in the News

Forgot to add the website

Shirley

I still think the OP should mind his own business but if he wants to be a whistle blower and can prove what he says, then by all means he should do it.

While it is a pay document, to prove what is worked, if the company that is paying is OK with the changes, there is really nothing anyone can do.

What proof does the OP have that the time sheet is false? I worked as an HR director for several years and always heard the skuttle that someone was fudging their time sheet but it was usually just office gossip.

Yes, ballengerb, same here, I have never worked for a larger firm where this was not always alleged of someone.

But with that again, another employee has no standing to file a complaint, a company can pay another employee differently if they want to, unless it is a union shop

Seem to remember a bible story about workers pay being the same even though some worked longer than others.

Yes, and it is always a situation where "someone is getting more than someone else and management doesn't care." The only person who cares is the one employee who is probably doing less and getting paid the same because he/she spends an ENORMOUS amount of time watching the other employees to make sure everything is "fair." And this is done in the name of truth and justice...

If you have one disgruntled and unhappy employee in a company there are others.

Rules are still rules and should be adhered to and the agency is there to be sure they are.

I have spent 25 years as HR director of an international company. I have been through a DOL audit and an IRS audit. I would rather not go there again.

You get your fingers slapped you pull your hands back, you put them out again and they might get chopped off.

There is a wrong way and a right way to do things. I like to do things the right way.

I listen to my employees and try to put out fires and rectify any mistakes being made so that all employees feel they are being treated equally and equitably within the company.

I might mention that most of my staff has been with the company for over 10 years and the rest for 5 years or more. My turnover rate is very low and I am very proud of that.

If you are fair and honest with your employees they will be loyal employees. Believe in them and they will believe in the company.

It works! Honesty, Integrity, and Appreciation

Shirley

I absolutely don't agree - but that's what makes the World go around.

Hello sporty:

If the owner of the company was asking the question, then you're response would be appropriate... However, THIS company owner chooses to run HIS company differently. He's fine with a disgruntled staff, and a sloppy operation.

The post came, however, from an employee who's disgruntled, and the question is what should the employee do about it.

Clearly, the employee is NOT going to force the owner to change the way he does business. All the employee will do is get himself fired. In my view, the employee should do HIS work, and not worry about everyone else's.

excon

To Shirley,
I wholly agree with what you posted, but the problem is I don't think what you posted is applicable to the OP's situation.

The instances you cited appear to be situations where you have large companies that systematically shorted employees. In the OP's case, you have one employee that is padding their time and mgmt doesn't care.

In such a case, it would be up to mgmt and mgmt only to prosecute the employee. Sederal or state agencies would not get involved here. The employee is not getting shortchanged, other employees are being paid what they earn so its only up to mgmt as to what they want to do.

Granted this is creating a morale problem that mgmt should address.

This is a question and answer forum.

The employee had a question and I tried to give an honest answer to it.

Employees do have rights. They also cannot be fired for filing a claim with the department as it is called retaliation and it is illegal. If he is terminated it will be a wrongful termination.

Since when do employees have to keep their mouth shut when they see wrongdoing in their company. When that happens you have a hostile workplace.

The employer needs to abide by the rules. He cannot break the rules because it is his company.

This employee has a right to know what the rules are and he has a right to complain if he feels he or someone else is being traated unfairly.

Since when do people get laughed at and belittled for asking a question on this site?

Okay, Ask me wondered why I don't come here and answer questions often it is for this reason.

The employee asked the question and he had every right to ask a question. I answered it as honest as I could with the truth and I had every right to do that.

It is a question and answer site.

Shirley

It's also not a site for confrontation or argument. Everyone is entitled to ask a question and give an answer. "We" very often don't agree on the answers because everyone comes from a different place.

Everyone is never going to agree and your idea of the "truth" does not have to be someone else's idea of the "truth." Your truth is that there is wrongdoing, the employee is the only one who cares, somehow if he is unhappy or discontent it is the fault of management.

That's just not my truth here.

And OP never came back anyway to see what the answer is.

Okay you win... I am going back to the other sites where I am appreciated now.

Goodbye... everyone have a wonderful day!

Shirley

I haven't seen you on the other site - where I also post regularly - since July but I guess we'll see each other over there.

Sorry you're leaving but it's a free country. So good-bye. Again.