False Time Records
On January 1, 2018, Oregon law adds new protections for employees. Text of Law Where employers “compel, coerce or otherwise induce or attempt to induce an employee to create, file or sign” false time records regarding the hours the employee works, the employer is liable for actual damages (the amount lost) or $1,000, whichever is greater. In addition, the employer is liable for another $1,000 for each pay period the employer violates this new law. Here are some examples of how employers regularly violate this new provision such that Oregon employees could recover significant penalties.
1. Oregon law requires employers to track the hours an employee works. ORS 653.045. Federal law has also requires employers to track work time. This has been federal law since at least the 1940’s and Oregon law since the 1960’s. To avoid litigation, many employers require their employees to sign an affirmative statement that the hours submitted are accurate. But, some employers abuse their power by cutting employee time and requiring employees to sign falsified time records. Beginning next year, the employee can sue for $1,000 for each pay period the employer does this.
Employers stealing time from employees took this extra measure to make it difficult for employees to prove the time the worked. Then they would hide behind the employee’s affirmative statement of the time they worked asserting that they “relied” upon the accuracy of the statements. This practice will continue because it is hard to prove that you are forced to sign an untruthful statement.
What to do if your employer is requiring you to submit or sign false time records
Call one of our attorneys. (360) 566-9243. Our wage claim attorneys have prosecuted many of these types of cases. They can assist you in gathering the evidence you need to support your case. What evidence will be needed varies by case. Common things would include copies of the time sheets, printouts from computers, emails, text messages from your bosses, etc. Once the evidence is gathered, our attorneys can assist you in filing your case and obtaining your penalties.
Other Penalties You May Be Entitled To
In addition to the $1,000 penalties for false time records, you could be due additional wage and hour penalties. For instance, the change in time may have caused a minimum wage or overtime violation. Under federal law, you could be due liquidated damages. This means an amount equal to the unpaid minimum wage or overtime wage not paid. Under state law, you could be due a civil penalty equal to 30 days of wages. The overtime/minimum wage civil penalty is calculated by multiplying your hourly rate of pay by 8 hours per day for a maximum of 30 consecutive days. Overtime & Minimum Wage. You could be due penalty wages if your employment has ended , if your employment has ended, you may also be able to bring an Oregon Late Pay Wage Claim. Penalty wages could be as much as the overtime civil penalty. Late Pay. Finally, under Oregon’s wage laws, you could recover your costs and attorney fees requiring the employer to pay your attorney fees incurred in recovering your unpaid overtime wages.
Our Oregon wage claim attorneys (lawyers) prosecute wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Portland, Bend, Clackamas, Coos Bay, Grants Pass, Gresham, Hillsboro, Portland, Hood River, Klamath Falls, Lake Oswego, Oregon City, Portland, Madras, McMinnville, Medford, Milwaukie, Portland, Newberg, Oregon City, Portland, Sandy, St. Helens, Portland, Tillamook, and West Linn.
Google By David Schuck