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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38888
Experience:  Retired (mostly)
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What to do when an employer is falsifying records of time

Resolved Question:

What to do when an employer is falsifying records of time worked?
Submitted: 7 years ago.
Category: Employment Law
Expert:  socrateaser replied 7 years ago.

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.


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Customer: 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.
Expert:  socrateaser 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.


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