Your employee forgets to clock into or out of work. These things happen. You decide to adjust their timesheet to reflect this. And then you pause.

Is this legal? Are employers allowed to make adjustments to their employees’ hours? What if a team member miscalculated their total hours — can you tweak this as well?

Is it illegal to change an employee’s time card?

No, it is not illegal for an employer to change an employee’s timesheet as long as 1) the change reflects the correct number of hours that were worked and 2) you notify the employee that you’re making the change.

In fact, according to the Fair Labor Standards Act (FLSA), employers are explicitly responsible for keeping track of the exact number of hours that employees work, so it is your responsibility to make sure your employees’ timesheets are accurate.

When is altering timesheets illegal?

It is, on the other hand, illegal for employers to falsify timesheets. If the changes you’re making result in your employees’ timesheets reflecting fewer hours than they actually worked, you are breaking the law. Timesheets should never be altered to reduce the number of hours that an employee worked.

For example, some employers alter timesheets in an attempt to reduce or eliminate overtime hours. This type of time card manipulation is a quick way to get in trouble with the law, and any money you saved would quickly evaporate in attorney fees. Not worth it!

Other times, an employer may try to pressure the employee into submitting false time cards that leave out overtime. Both of these examples are a violation of federal and state laws.

How to change timesheets

Here’s a process you can follow to make sure you have good documentation on when and why you altered an employee’s timesheet:

  • Before changes are made to timesheets, you should ensure that you have proper documentation backing up your decision for the alteration. For areas on the time card that you feel could be a mistake, it’s always a good idea to verify with your employee before making any changes to avoid accusations of timesheet fraud.
  • You might want to consider prohibiting timesheet changes by supervisors unless you approve those changes first. This will help you avoid issues where your managers made illegal changes that you could be liable for.
  • Finally, it’s recommended that you make a copy of an employee’s timesheet before you edit it. Keeping the unedited version can be helpful in the event that an employee disagrees with the changes.

When changes are made to a timesheet, it’s always a good idea to keep both the original record and the modified copy. Conversely, you could draw a line through the error on the original record and write down the correction, having both the employee and their supervisor sign near the correction to approve it.

That said, a lot of modern time tracking apps — such as Buddy Punch — include automated tools that track any changes that are made to time card data (both the change made and the person who made them). These tools can also be set up so that both admins and employees have to acknowledge and approve the change to the timesheet before it’s made.

Remember: timekeeping is your responsibility. It’s important to maintain clear and accurate records to ensure that you’re in compliance with the law.

While the above information is intended to inform and to educate, it is not to be taken as legal advice.  Please consult an attorney for more information regarding employment regulations and FLSA laws.

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About the Author

Eric has more than 20 years of experience owning, operating, and managing businesses — everything from in-person, multi-location shops to fully remote SaaS companies. He uses what he's learned along the way to create helpful guides for other business leaders.