Correcting Time Records
There may be times when you may need to change an employee's time record in order to create a correct report. Are you allowed to do it?
Q: We have a time clock system in place. If a nonexempt employee forgets to clock in or out or clocks in too early, can we change the employee's time record so that it accurately reflects the actual time the employee worked? Is there a procedure we should follow to make the changes?
A: Yes. While the Fair Labor Standards Act (FLSA) requires you to pay nonexempt employees for all hours actually worked and to keep accurate records of working time to ensure proper payment, the law and its implementing regulations do not specify that you cannot change an employee's time records if they are not accurate. In fact, it is the employer's obligation to ensure that any records are true and correct.