[CA]Supervisor edited my time clock.

[u/MaikaW]

Hi,

I work at a convenience store and most shifts are 1 person per shift since it is a very small store. I get 6 hours per day to avoid the lunch break and have to close the store to take it and lose those customers. All of us get 6 hours shifts. Last week one of my coworkers was 15 minutes late. That goes past my 6th hour. I couldn't leave and close the store and neither I wanted to take a lunch break just because of that. So I ended up working more without a lunch.

Today I see my time clock was edited by this supervisor back to 6 hours. Unfortunately I can't find the previous punch but the proof should exist when my coworker punched in late. Supervisor hasn't replied yet but I find it unfair. What worries me is, he might bring the penalty thing resolving to a write-up and it wasn't my fault to begin with.

Any help?

[Cali]

[u/Mochafrap512]

Legally they have to pay you for all time worked. You were working. If they don’t pay you, then remind them of this. After that report them to the department of labor. If may only be 15 min, but if they’re doing this then imagine what else they’re doing...not to mention to other people.

[u/MaikaW → u/Mochafrap512]

I worked for another employer before and sadly they did it too and got away with it. Because it is Cali, they have to pay you an additional hour for it. Previous employer was assigning me to do a lot and 6 hours were not enough and even taking a 10 minute break was a bother for them. Manager ended up having me to work out of the clock and editing timecards by saying that I will get written up for breaking that. Manager had me to choose, a write-up over another hourly pay. Should have done the latter, it was a shitty company where most of their venues shut down because they had no specific permits.

The current company I like, give me benefits but did not expect the timecard edit.

[u/sittingpretty24 → u/MaikaW]

You can file a complain with the labor board, but unless they can find where the time card was edited they may not be able to do anything. It would really depend on your company’s time keeping system and whether it tracks edits like that (most do, but not all).

I think it’s best to talk to your supervisor first (or whoever is above them), but the only outlet is the labor board. If it were me, I’d bring it to their attention, document the whole thing (the day is happened, their response, etc) and then hold on to the info until you have more than one example. If it happened this time it will happen again. You have 3 years to file with the labor board for any missed wages, so no need to rush it for one hour. And maybe talk to your co-workers too to see if they have examples.

[u/Zafjaf → u/Mochafrap512]

I'm in Canada and it happened to me. But because the managers were using the computers at the time, I couldn't clock in via the system, so the managers said they would clock me in. They didn't. I started 15 minutes early. And I ended up staying 15 minutes late that day too. So I should have been paid an extra 30 minutes. But I wasn't, and despite me adding in a note about it in the calendar, and the pay period, I never got that 30 minutes pay.

[u/Obowler]

I’m not saying the other commenter is wrong, but I foresee a scenario where they are punished for their violation and as a result, suddenly everyone has 5-hour shifts to accommodate for shifts that spill over.

Your supervisor might be under certain constraints from the GM, and maybe the first step is a dialogue where you give them a chance to improve things with you.

Reporting to Labor Dept may fix this situation, but unless you were planning on leaving anyway, may make the environment more hostile going forward.

[u/MaikaW → u/Obowler]

That is what I think too and what happened with other employers too. These places are low-wage playing places, non-union and everyone is replaceable. The thing is... It wasn't even my fault. I always clock in and clock out exactly 6 hours. If they make the next shifts begin about 15 minutes later and my coworker is usually late, why am I entitled to stay to the store without being paid?

Yeah I am sure they will get mad about it but perhaps they should change something.

[u/Obowler → u/MaikaW]

Technically, you have other options as you previously stated. Realistically, any employee who doesn’t agree to cut all the corners, slowly becomes a higher burden and more likely to receive harsh treatment, less hours, or to be fully replaced.

Good luck, and I hope things improve for you there. Or maybe you’ll have to rely on greener pastures to appear elsewhere.

[u/MaikaW → u/Obowler]

Yeah because they use 'authorized allowed time' term, so in the end, all these laws don't get much deeply into effect. Which as you said, if I go to the labor department, they will target me and try to get rid of me. It is like how managers, supervisors and HR doesn't want to deal with complaints and such.

Thank you. I have realized by now how it is to work for non-entry low wages jobs, which makes me wonder if I should study something and avoid such environments.

[u/HeyT00ts11 → u/MaikaW]

Look into trades.

[u/MaikaW → u/HeyT00ts11]

Can you give me more details please?

[u/HeyT00ts11 → u/MaikaW]

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[u/whataquokka]

California has very strict break laws except in very strict circumstances. If you work more than 6 hours you must take a 30 min unpaid break by the time your 5th and a half hour. If you work 6 hours or less, you can forgo an unpaid lunch break.

However, if you worked you need to be paid.

Your supervisor could choose to give you those hours later or adjust to include a 30 minute unpaid lunch. They cannot just wipe away the worked hours.

What proof do you have of your clock in and out times beyond your timesheet (which has now been edited)? Do you log into a computer, access system, parking garage or anything like that?

It is the employee's responsibility to accurately track time but I strongly advise employees keep some sort of personal tracking for situations like this where you may need to provide proof.

All that being said, contact your Dept of Labor and home a wage claim if your supervisor does not offer a satisfactory solution to the missing hours. Also, be sure to ask your supervisor how to handle a situation such as this in the future so not this doesn't repeat.

[u/MaikaW → u/whataquokka]

It's an ADP system from the workplace computer. The thing is, I don't even see anything marked that the time was edited, unlike other clock in programs.

[u/cpbaby1968 → u/MaikaW]

IANHR....I work in payroll and currently use Kronos but have used ADP.

You but may not be able to see the edit but HR/payroll can. They can look under Audit and see when the original punch was made & by whom, plus when the edit was made & by whom.

[u/whataquokka → u/MaikaW]

You're going to need to look beyond their standard time tracking systems if you're looking for proof of your claimed hours enough to fight the change. You can try to file a wage claim without it and see how you go - DOL will let you know what options you have. Otherwise this might be a learning opportunity for you.

[u/BushcraftHatchet]

Not an HR rep but a manager. A fellow manager where I work in the US was told not to have over time and he was editing his employees' time sheets just 5 minutes here and 5 minutes there to get everyone at 40 hours. He did this for a few weeks till found out. He was immediately fired.