Manager removing hours!

Nurses General Nursing

Published

Specializes in Med Surg, Specialty.

I need some advice. I just noticed today that my manager has been editing my clock out times for the past month! She's taken out a couple hours so far this past month but she did this without my knowledge or permission. Is this even legal to do? She has been saying this last month that she is over budget on staffing but this is not sitting well with me, especially since we all don't clock in till 7 even though we get to work early to prepare, and most of us take a shortened lunch/no breaks. We are told by management that we will be written up if we clock in before 7. I confronted her on this but she just turned it around to say that it is the staff's fault.

Any advice? Anyone go through anything similar to this? Should I confront my manager on this, or go straight to HR? Am I making too big a deal over a few hours? (I still feel burned from the last confrontation with her) I'm still pretty much the new guy at this job so I do acknowledge I am not as fast as the other people yet, but still this does not seem right to me.

Specializes in Critical Care, Capacity/Bed Management.

I myself have never gone through this in particular but now that the economy is starting to slow down our manager told us that we are to clock in no earlier than 5 minutes prior to start of shift and 5 minutes after our end of shift.

i recommend you speak with your manager before you take anything to Human Resources. If no progress is being made climb the ladder and take it to HR with your evidence in hand. good luck

Specializes in PICU/NICU.

We too, got the 5 min before and 5 min after speech! However, if you do miss a break, or have to stay late because of an emergency- you must be paid for this time! I suggest you take a good look at yourself... are you ALWAYS there 30 min late charting? Do you never get a lunch? Is there something you could have done to get out on time? If you are not a repeat offender then I suggest you talk to your NM- but be able to explain why you stayed late on those occasions and why you expect to be paid for you time! Bottom line is that you MUST be paid for you time worked your manager cannot change your time to make their payroll look better! NO this is not legal. However, you can also be repremanded for "poor time management". Its a fine line.

Specializes in mental health; hangover remedies.

From what I gather - it's a federal offence.

Your employer is essentially stealing from you. This is reverse fraud and equally intolerable.

However, and I'm still bemuzzled by this clocking in thing - if you arrive 10 minutes early for your shift - why should your employer pay for it?

If your manager has a stick in the colon about it - clock in at your start time (as 'clocking in' is a 'work related practice' it's the first thing you do at commencement of shift) - and then go to report.

Specializes in Labor & Delivery, Med-surg.

We can clock in and out whenever we want but they still only pay us for the 8 hours we were booked for! I'm not sure even why they make us clock in unless it is to make sure we don't arrive late or leave early! It is very difficult to get paid for overtime.

Specializes in mental health; hangover remedies.

well that makes sense Judy - but why can't you clock in more than 5 minutes?? Doesn't meant you were working - just 'there'.

In the instance of finishing late and having your manager adjust your times I still think this is unlawful - if you are required by law to report your working times and get paid for them.

I would have all the nurses doing a "work to rule"

It is definitely illegal to alter hours, whether its your doing or management.

My advice is to follow your chain of command. First speak with her, and see if it gets resolved. If not, you need to go above her. I don't recommend going above her first unless you have issues with her. That may come back to bite you. You should be paid for all time worked. If you do not receive a lunch break, you need to be compensated for that. I understand the economic issues at present, but you are putting your time in, and deserve to be paid.

Also, try to take a look at your time management. See if you are able to multi-task on some things to enable you to get out on time. Being able to show your making improvement may be helpful.

Specializes in Vents, Telemetry, Home Care, Home infusion.

Since you've already spoken to your manger, please report this to HR:

There are differing federal regulations for "exempt" = salaried positions: only get paid for flat salary for entire year no mater how much one works; versus: non exempt = hourly employee who gets paid for every minute clocked in.

A manager may correct clock in-out punches due to time clock not working properly, forgotten ID badge, reassignment to another department, missed lunch, OT payment etc but cannot just shave off time to meet budget needs.

No HR Manager wants to here that state dept of labor is investigating FLSA wage and hour disputes as large fines can be levied.

DOL: Compliance Assistance

The FLSA does require that employers keep accurate records of hours worked and wages paid to employees

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

Specializes in MSP, Informatics.

no one should alter your time clock punches. we also got that speach about not punching in early or out late. We were told there would be no OT without prior aproval and a supervisors signature. So if I punch out 1 hr after my shift, and do not have prior aproval, I do not get paid. They don't take the time off, they leave the punch as is, and override it as non-aproved OT.

all you have to do to get aproved OT is call the Supervisor, say you are going to run late...they have the choice of letting you, or aking you to pass on the work to be done to the next shift. Which unless that is your charting, most times you can pass it on.

I know that at my work I run my but off all day and do not waste time and it is difficult for me to get out on time. Most of the nurses on my unit cannot get off on time. Lately the acuity has been so high with so much to do that in the past 4 days I worked I was there 1.5 hours after shift finishing up. And I work quickly we would probably all loose our jobs if we had to punch out on time...

Specializes in School Nursing.

At my old (non-hospital office type) job, you could clock in and out whenever you want but you were only paid for 8 hours. Any overtime had to be approved in advance. It was written in our employee handbook and we all understood that if we came in early and started working or stayed late (even to end a customer service phone call), we were not paid for it. It is my understanding that this is legal as long as it is laid out ahead of time and employees are aware.

But actually changing your time without notifying you? That sounds like really bad practice, if not fraud. Were you made aware ahead of time that you muct clock out on time?

Specializes in Peri-op/Sub-Acute ANP.

There are issues with this beyond payroll.

What happens if there is a legal case brought against the facility, say regarding the fact that a patient was given the wrong med. The MAR shows that you gave the patient the med at 7:15pm, but the payroll record has been changed to show that you left the facility at 7:00pm!

I think that the facility is setting itself up for a huge problem should something happen. It is one thing to say "we are only going to pay you for the shift hours that you are scheduled to be here" but it is entirely another thing to change the records to show false arrivals and departures. I can see bad things happening with this.

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