California Labor &
Employment Law Blog

Aug. 27 2008

Requiring Employees to Sign False Time Cards Is a Crime

Topics: New Laws & Legislation

Earlier this month, Governor Schwarzenneger signed into law AB 2075, which amends California Labor Code section 206.5 and makes it a misdemeanor for an employer to require an employee, as a condition of payment of wages, to sign a statement of hours worked that the employer knows is false.

Prior to amendment, Labor Code section 206.5 prohibited employers from requiring an employee to execute a release of wage claims, unless payment of the wages has been made.The amendment extends this protection by defining “execution of a release” to expressly include requiring an employee to execute a statement of hours worked during a pay period which the employer knows to be false.Proponents of the legislation argued that the new law was needed because some employers are attempting to guard against wage and hour litigation by requiring their employees to certify records of hours worked that are false and do not accurately reflect overtime and other hours worked.The new law goes into effect January 1, 2009.

California employers who require their employees to certify their timesheets each pay period in order to be paid should evaluate their practices.Employers who knowingly permit employees to record “default” hours as opposed to actual hours worked, and/or who know employees are recording inaccurate hours, may be subject to new risk and liability under California law.

About CDF

For over 20 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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