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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I am a employer. Employees are paid according too time card.

Customer Question

I am a employer. Employees are paid according too time card. Employees are told to work certain hours. Employess clocked in earlier than schedule time and also clocked in earlier than schedule time after lunch. Although they clocked in earlier, they did not perforam any work.
Dept. of labor reviewed the records (time cards) and notified me that I owe back wages for the time that employees had clocked in earlier.
Am I responsible to pay this.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. You're only supposed to pay for the time the employee actually worked. The main problem, however, is that the time card is the "presumptive" evidence for the time actually worked. The burden would be on you to prove that the time indicated on the time cards was not the time worked. If you could do so successfully, you would only have to pay for the time actually worked. But again, it's going to be your burden to prove. If you have no evidence to establish that they were not working when they clocked in early, then you would still have to pay (as you would not be able to meet that burden of proof). But if you have such evidence to prove that they were not working, you could challenge it with the Department of Labor, indicating that it was time card fraud, and showing the evidence of it. I understand that this may or may not be feasible, given your situation, but it is the law. Without evidence of such fraud (that they were not working when they had clocked in) you would still be on the hook to pay, I'm sorry to say.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Was there anything else?

Expert:  ScottyMacEsq replied 1 year ago.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

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Expert:  ScottyMacEsq replied 12 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!