Long but I need help

sonny

In the course of another conversation yesterday, I was made aware of the following practice which apparently has been going on for years in one and possible two of our departments.

Employee A is out ill. She is either new and does not have PTO or has used it up. Employee B volunteers to work one of her shifts. EE A then "owes" ee B a shift.

My major concern is timesheets. EE A's time sheet reflects she worked 8 hours even tho she was home in bed. EE B's time sheet reflects nothing. EE B's extra shift has put him at 48 hours worked, but since it is not recorded on his time sheet, there is no OT.

I immediately pointed out my 2 major concerns about this
1. EE B not getting OT and tried to explain it is not ee option
2. The "falsification" of the time sheets. Say EE A eventually ends up on LTD and we go to submit last day worked, it's going to appear she worked a day, when in fact last day worked was 5 days before. Say EE B gets in some trouble or something happens that needs to be investigated. .it would not even show he was present that day.

Are there other reasons I can give to emphasize why this practice needs to stop? Some times I can be too much of a stickler on stuff, but I don't think I am over reacting here. I know you will tell me if I am. The non legal reasons why this is a stupid practice are another story. Thanks in advance, I am going to need as much amo as possible to get thru to these guys.

Don D

These are the same supervisors who have been taking pictures of applicants I assume. Your police department sounds like Animal House or a college dormitory with the boys and girls simply swapping off room clean-up duty and seeing no consequence. They don't have a clue, nor do their supervisors. The department is violating federal law in the non payment of overtime. Falsification of business records is (hopefully) a violation of municipal policy. Let this come up in city council meeting and a head or two will roll. It might be yours.

E Wart

I know what you mean about being a "stickler", but this is your job. I think that if you explain it as why it can't be done, instead of going in and just stating laws, they may be more willing to answer.
You are right, they are breaking all type of laws and it does need to stop. You appreciate employees concern for their fellow employees, but now that you know it is going on, you can't let it continue.
Breaking DOL overtime laws is correct as is falsification of records and would be the issue with disability pay (of whatever kind.) Also, if an employee develops an attendance problem (or is even outside of your company's policy) this would certainly complicant things in enforcing it. Another big issue is Worker's Comp. What if the "filling in" employee is injuried while they are the "sick employee". How can a worker's comp claim be filed on an employee who isn't even there? Another issue is W-2's being incorrect for both of them (because paid time not really worked) and if you have any benefits based on pay (like 401(k) contributions) it messes this up too.
Suggestion, if an employee wants to work an additional shift (and the supv. approves it), let them and pay them correctly (including overtime.) They in turn can give any amount of money that they earn to to the sick employee (as a gift), but all your records would be correct and you aren't involved with this. Get busy!!
E Wart

Hunter1

Sonny: Look to Section 7(p)(3) of the FLSA. It provides for "shift trading" among public sector employees. There are certain restrictions, but one public sector employee can trade shifts with another without creating overtime liability on the part of the employer. Part of the fun of being in the public sector.

Shadowfax

Hunter is right about section 7(p)(3), but, I think you still have to pay the employee who worked - it is just that the eime is not used to calculate o/t. Or am I missing something from the regs Hunter?

Hunter1

My understanding, and our practice, is that the whole transaction is between the employees. (The regs DO require that the employer approve the trade) We do not pay the employee who works. He/she just has a day coming from the other employee. The regs actually just recognized a long-standing practice in public sector, especially fire departments.

sonny

Thanks Hunter, I am feeling better, but how does this reflect on the ee time sheets?

sonny

Thank you all for your input thusfar. .

It won't be my head rolling, Don. .I have yet in 25 years to cover up or support anything illegal, dishonest or unethical.(at least to my knowledge) I sure as hell am not going to start now

Appreciate the FLSA referral Hunter. .I think it will help at least on the OT issue, am with Shadow on the rest. IF I have my facts right, and I will check that after lunch, the ee actually working does NOT get ANY pay. It is "donated" to the other ee via regular paycheck.