OCALA, Fla. — A Burger King employee in Florida filed a class action against Magic Burgers LLC, a company that operates around one hundred locations of the fast food chain in Florida, for intentional violations of the Fair Labor Standards Act (FLSA). The plaintiff is seeking damages of about $19,000 including costs and attorney fees. The suit alleged that the plaintiff, who worked at a Burger King in Lake County, FL for about ten months, generally worked 55 hours per week. However, he was not paid the requisite time-and-a-half of overtime that he was entitled to. He claims that the company intentionally altered his time records, as well as the time records of other employees, so that they reflected no more than 40 hours worked per week.
FLSA Recordkeeping Requirements
Under FLSA, employers are required to maintain accurate records regarding the hours worked and wages earned for each employee. This includes accurate records on the time and day that an employee’s workweek begins and the hours worked each day. Employers may use any timekeeping method they choose as long as those records are complete and accurate. Employers may allow supervisors to keep track of their employees’ work hours, have employees track their own time, or both. Under FLSA, however, employers have the ultimate responsibility to maintain these records, not employees.
Altering Time Records
Because employers have a responsibility to maintain accurate records, employers are permitted to alter time records to ensure that they accurately reflect the time actually worked. For example, if an employee forgets to record his or her start time on a time card or forgets to punch in, the employer may enter the time to ensure the employee is paid correctly. Employers may also change a time sheet if an employee is out sick to reflect a sick day used instead of time worked.
However, employers may not change a time record to show fewer hours than actually worked to avoid overtime payment, even if the employee consents to the change. If the employer does this, it would constitute a willful or intentional attempt to skirt overtime obligations. The employer may be liable not only for back wages for unpaid overtime, but double recovery or liquidated damages because of the willful action. Some juries may even award punitive damages because of the intentional nature of the act of altering records in order to avoid overtime.
If you or someone you know works for an employer that alters time records in order to avoid paying overtime, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today