Is It Illegal for Employers to Change Time Cards?

Written By: Kristina Proffitt
Last Updated October 22, 2026

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Your employee tells you that they forgot to clock into or out of work. The solution seems easy: You can simply adjust their timesheet now, after they’ve recorded their hours.  But can you legally change a time card? 

The answer is yes — as long as you’re doing it to make it accurate, not to falsify records or remove hours worked to avoid paying wages.

This article looks into what your timekeeping responsibilities are, when you can legally change time cards, and how you can make edits while ensuring compliance. 

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.

However, it is illegal for a business to knowingly falsify records — even if it doesn’t reduce an employee’s pay.

Edward Hones, Owner at Hones Law, explains:

“A correction is lawful when it accurately reflects the time actually worked, fixing a missed punch, a system glitch, or a genuine data entry error. It becomes falsification or underpayment the moment it reduces recorded hours below what was actually worked, regardless of the employer’s stated reason.”

The Fair Labor Standards Act (FLSA) requires employers to maintain accurate timekeeping records, even though employees can enter their own hours. Businesses may be at risk if they knowingly keep false records.

In general, time records must include:

1. How many hours someone worked each day and week
2. Relevant pay rates, earnings, and overtime
3. Any additions to and deductions from wages
4. Total wages paid and the payment period

Note that for point one, saving a schedule alone may not be enough, especially when an employee works different hours than originally scheduled. Employees need to confirm the hours they’ve worked. 

The requirements above apply only to covered employees, so you may not need to keep detailed records for every worker. For example, salaried workers, or those in certain roles, may be exempt. This will depend on your business and any applicable laws.

When is altering timesheets illegal?

Timesheet changes can become illegal the moment they “erase time the employee actually has worked,” says Romy B. Jurado, Founder, Jurado & Associates, P.A.:

“The distinction is simple: correcting a mistake is permissible; changing a time card to avoid paying an employee for hours he or she actually worked is not.”

Consider these common examples: 

• An employer alters an employee’s timesheet to reduce overtime hours. 
• An employer pressures an employee into submitting false time cards that leave out overtime.

In both these cases, the employer would be violating federal and state laws.

Edward Hones recommends creating a company overtime policy:

“The safer approach is a clear policy requiring pre-approval for overtime — paired with actually paying for any work performed even if it violated that policy — then addressing the policy violation separately through normal disciplinary channels, not through withholding pay.”

The table below shows some other situations where you may immediately think of changing the time card. But doing so may put you at risk, so here’s what you can do instead:

How to change timesheets

Don’t change a timesheet simply because you think a record is inaccurate. 

First, clearly establish what happened. If you think there’s been a mistake, verify it with your employee and check their explanation against schedules, punch records, supervisor notes, or other relevant information. Keep proper documentation backing up your decision for the alteration. 

Remember to preserve the original entry before making the correction. Document what changed and why.

If it’s a physical timesheet, draw a line through the original record, note the correction, and have both the employee and their supervisor sign it.

Time tracking software like Buddy Punch can make this easier. Whenever any changes are made to timesheets, the tool stores a record of what changes were made, when, and by whom. You can also require admins, managers, and employees to leave a note when they edit a timesheet to explain why the edits were made.

A good practice is to notify the employee once a change has been made. This gives them a chance to raise any questions or flag any errors.

Try to do this before payroll is finalized. If a timesheet is inaccurate and you overpay, you may have to make deductions from future paychecks, which could complicate accounting. On the other hand, if you underpay based on incorrect time records, the employee may not receive earnings for work they’ve done, which can open you up to lawsuits and fines.  

Finally, recalculate pay calculation.  Check for any overtime the timesheet correction may have created. Also check if it changes the employee’s general wages or applicable deductions.

Importantly, retain all records. Keep the original entry, correction details, and supporting documentation together so there’s a clear record of how you reached the final figure. 

Under federal laws, basic earnings records, including time cards or schedules, must be stored for two years, but payroll records must be stored for three years.

What are the consequences of falsifying time cards?

Depending on the type and degree of violation, federal law can impose different types of consequences, including: 

• Financial consequences, like any unpaid dues or overtime, liquidated damages, and attorney fees
• Civil penalties in case of repeated or wilful violations
• Criminal prosecution, including fines and imprisonment

Thomas Ricotta, Partner at Ricotta & Marks, P.C., shares: 

“Falsification is typically a violation under FLSA recordkeeping rules with additional DOL fines. Enforcement can also come through DOL or state investigations, private or class action lawsuits, and, in some cases, personal liability for managers or executives involved.”

While not every inaccurate entry automatically attracts these consequences, it’s safer to keep accurate records and pay your employees fairly for their work.

Note that some laws may differ between states. Consult an employment lawyer to understand the laws where your business is based.

Disclaimer: 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.

Contributors

• Anthony Michel, Attorney, Michel & Sinor Attorneys & Counselors
• Edward Hones, Owner, Hones Law
• Romy B. Jurado, Founder, Jurado & Associates, P.A.
• Thomas Ricotta, Partner, Ricotta & Marks, P.C.

About the Author

Kristina Proffitt is an HR and workplace-strategy specialist with more than a decade of experience helping HR teams, people leaders, and SaaS providers communicate complex workforce challenges with clarity. Her work spans employee engagement, DEI, accessibility, and HR technology, where she’s known for translating intricate concepts—like APIs, integrations, and policy frameworks—into practical guidance that supports better people operations and more effective decision-making.