Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

What to do when an employer is falsifying records of time

Customer Question
worked?...
What to do when an employer is falsifying records of time worked?
Submitted: 7 years ago.Category: Employment Law
Ask Your Own Employment Law Question
Answered in 11 minutes by:
4/18/2010
Employment Lawyer: socrateaser, Lawyer replied 7 years ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified

Frankly, Florida has almost no employment rights laws (other than unemployment and workers compensation laws), which doesn't apply to your stated facts.

 

However, Florida must follow federal law -- in particular the Fair Labor Standards Act.

 

The Act requires employers to keep accurate records. If you believe that your employer is not doing so, then you can contact the U.S. Department of Labor and request an investigation.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Ask Your Own Employment Law Question
Customer reply replied 7 years ago
Do you have any information that I would be helpful in regards XXXXX XXXXX the employer a letter about their dishonest practices? I've already found as much pointing to the Federal Fair Labor Act. Before getting the government involved I'd rather try to correct the situation with the employer. However if they are unwilling to comply I will end up reporting the violation.
Employment Lawyer: socrateaser, Lawyer replied 7 years ago

Under s. 448.102 Fl. Stat., you can disclose in writing to your employer the fact that you believe it is violating federal law (29 C.F.R. Section 516.6) by misrepresenting employee working hours, and thereby obtain protection from termination of employment. The law itself only requires that employee payroll records be kept, so unless you can prove that the records are inaccurate, then the employer could escape through a loophole.

 

Obviously, time cards that are different than the employee's accounting records, or other employees who are willing to go on the record that the employer is fudging the numbers, would be good evidence in support of your claims.

 

NOTICE: Due to overwhelming customer demand for my time, I am forced to limit our correspondence to only one follow-up question per session. If you have other questions, concerning the same issue, you are welcome to open a new question and preface it with my userid: “To Socrateaser…{question text}.”

socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an employee that has been on workers compensation
Good morning, I have an employee that has been on workers compensation leave since June. I offer health insurance as a benefit paying 50% of premiums. Employee pays 50% and is deducted from paycheck. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was wrongfully terminated with wages withheld after many
I was wrongfully terminated with wages withheld after many years of workplace harassment, discrimination and bullying. I live in NY, what are my legal rights? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My employer keeps making excuses as to why payroll is
My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It's been a month since that check should have been wri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about my illinois workers compensation
I have a question about my illinois workers compensation claim. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My worker's Compensation was closed 8/10/17. The attorney
My worker's Compensation was closed 8/10/17. The attorney took his money and I did not owe COB-R any money. When and how should I get what is due to me? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question with regard to my workers compensation
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Se… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Nj Depart. Of Labor asking for refund of Unemployment
Nj Depart. Of Labor asking for refund of Unemployment Benefits from 2015 because I resigned from my parttime job., but I was awarded Benefits because my full time employer let me go. This request for … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
One of my workers filed for workers compensation and will be
One of my workers filed for workers compensation and will be out for over two months. My business has begun to have hardship because of this (We are a Veterinary Clinic)(We only had 3 vet tech workers… read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I got injured at work, I was denied workers compensation.
I got injured at work, I was denied workers compensation. However my doctor put me off of work because my injury consist of a fractured rib, I was still out on medical leave and my employer terminated… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I got notice of a NY dept of Labor unemployment audit for 2
I got notice of a NY dept of Labor unemployment audit for 2 years. Had one in '12 due to Me not paying unemployment as an S corp owner. Let go my bookepper almost a year to the day yhis week. Been doi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was issued a citation in regards to workers compensation.
I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. W… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Workers' Compensation Question Can the Release of medical
Workers' Compensation Question Can the Release of medical information form signed upon onset of injury be used 2 1/2 years later be used with my own physician not their wc physician to obtain my infor… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Are Corporate payroll records protected by privacy
Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided staffing services … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Can a claim be made to the labor board when payroll is
Can a claim be made to the labor board when payroll is deducted for medical insurance, but medical insurance was cancelled and funds have not been returned to employee? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x