Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In California, employers cannot take away employee hours they already worked. Once an employee has performed work, they are legally entitled to be paid for their actual hours worked. This protection falls under both state labor laws and federal law, including the Fair Labor Standards Act (FLSA).
Wage and Hour Laws
According to California state laws, employees must be paid for all hours worked, including being paid overtime, if applicable. Employers are prohibited from retroactively reducing hours already worked, and any attempt to do so could be considered wage theft. If an employer tries to remove hours from employee timesheets, is falsifying employee timesheets or refuses to pay for completed work, employees have the right to seek legal advice from a labor law attorney, like the ones at Lawyers for Justice, PC (LFJ). The employment attorney team at LFJ are very experienced in federal and state laws and can help workers who feel they were not paid correctly during a certain pay period.
LFJ also offers a free consultation for prospective clients.
Timing of Final Pay
If an employee is terminated or quits, their employer must pay them for all hours worked, including unused vacation time or paid time off, by the final paycheck deadline. Failing to do so could result in penalties under California’s Final Paycheck Law.
Remedies for Employees
If an employer illegally reduces or withholds pay for hours already worked, the employee can:
- File a wage claim with the California Labor Commissioner.
- File a lawsuit with the help of an employment lawyer to recover unpaid wages, penalties, and other forms of compensation.
In short, an employer cannot legally take away hours already worked, and if they attempt to, workers can take legal action to recover lost wages.
Can An Employer Take Away Hours Already Worked? – FAQ
can an employer take away hours already worked? No, an employer cannot take away work hours from an employee if those hours were already completed. Employees should keep an accurate record of their time spent working and should (typically) be paid at least minimum wage for the number of hours they work.
can an employer adjust your hours to avoid overtime? Typically, an employer can dictate an employee’s work schedule and hours.
can i sue my employer for changing my time card? If your employee is falsifying employee timesheets, or illegally tampering with the employee’s timesheet, the employee may be able to file a legal claim against their boss.
can my employer change my hours without asking? Usually, in California, employers can change an employee’s hours without advance notice. While it may seem unfair, there is currently not a law in place that restricts employers from doing so.
can an employer take you off the schedule without notice? Similar to above, usually yes, an employer can change work hours for an employee, including issuing reduced hours without notice.
can an employer change your pay without notice? California law usually requires employers to give non-exempt employees notice if any changes to their pay occurs. If a change in an employee’s rate of pay is reflected on their next wage statement, then usually no additional notice is required. Employers should generally give salaried workers written notice about changes in pay.
can a manager clock you out without your knowledge? Employers may be able to clock an employee in when they start working, and out at the end of their shift, but employers cannot do so without their employee knowing, or consenting. Clocking someone out without their knowledge is illegal.
can a manager cut your hours as punishment? Because California is an at-will employment state, employers can cut employee hours or pay. However, employers cannot punish workers and break an employment contract, if one is in place, and they cannot cut your pay for illegal reasons, like discrimination or retaliation. If you feel like your hours were cut because you were discriminated against because of your age, gender, or other protected characteristic, call Lawyers for Justice, PC for a free consultation.
is it illegal for an employer to change your time card? Employers have the ability to change employee timesheets, but the changes must accurately reflect the time that was actually worked.
can employer make you take longer lunch to avoid overtime? It might be legal for an employer to ask an employee to leave early, come in late, or maybe take a longer meal or rest break, as long as the meal break is 30 minutes is the required 30 minutes in length.
can an employer remove hours worked? The employer’s ability to maintain timesheet hours is their ultimate responsibility, but they cannot remove hours that an employee already worked.
can a supervisor change your time card? An employer can alter timesheets, but they can only alter them to the actual hours an employee worked. For example, they can clock an employee in and out when they arrive and leave for their shift, but cannot subtract hours when the employee actually worked.
can my employer change my pay without notice? According to The California Wage Protection Act, if an employer decreases an employee’s salary or hourly pay, they should notify the employee within seven days of the changes, unless the payroll changes are reflected on a timely wage statement, or another form of written notice.
can an employer change your schedule after its been posted? In most California work environments, employers can change an employee’s work schedule without notice.
