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Answers · bookkeeping

How can a small business owner or their accountant tell whether an employee is padding their timesheet, getting a coworker to clock them in, or claiming overtime for hours they didn't work, and how do you stop it without shortchanging people for hours they really did work?

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TL;DR: Padded hours get paid because nobody independent compares the hours claimed with evidence the employee didn't produce. The ACFE counts this as a payroll scheme: its 2026 report defines one as an employee making false claims for compensation, for example claiming overtime for hours not worked. Two 2026 federal cases show the two weak spots. A Boston Housing Authority executive secretary who collected other staff's timesheets submitted over 100 overtime forms for hours she hadn't worked, forged her supervisor's signature and emailed them straight to payroll, collecting about USD 72,131 (guilty plea, March 31, 2026). An MBTA track inspector admitted to an overtime conspiracy in which workers used the hand scan at the start of a shift and then disappeared for hours (plea, October 20, 2026). So an approval has to come from the approver's own login, not a forwarded form, and a clock-in only proves someone arrived. Pre-approve overtime, have payroll accept approvals only from the approver, compare claimed hours with work records, and keep the time records. In the ACFE's 2026 report payroll schemes had a median loss of USD 63,000 and ran a median 13 months.

What should I check, step by step?

1. Write down who can approve overtime, that it needs approval before it is worked except in emergencies, and who checks the hours afterwards. A rule nobody wrote down can't be checked.

  1. Make payroll accept overtime and timesheet approvals only from the approver's own account in the time or payroll system. Don't accept emailed forms with a pasted or scanned signature, and never let the person claiming the hours be the one who sends the approval to payroll.
  2. Give each person their own clock-in code or login, and look for impossible punches: clock-ins from the same device seconds apart for different people, punches on days someone was off, or hours on a day with no work output.
  3. Compare the hours claimed with records the employee didn't produce: jobs or tickets closed, deliveries, register logins, door or alarm logs, GPS on company vehicles, customer sign-offs. Overtime with no matching work is the gap to explain.
  4. Each pay period, rank overtime by person and by approver. One person's overtime climbing, overtime only ever approved by one supervisor, or overtime that sits just under a review threshold all deserve a look.
  5. Watch the person who collects or keys in other people's timesheets most closely. In the Boston case that was the role that let the false forms through.
  6. Don't trust the clock-in alone. A clock-in, badge swipe or hand scan only proves someone was there at that moment; spot-check that people are actually at work during long or overtime shifts.
  7. Keep the time cards and the approvals. Under the federal wage-and-hour rules employers must record hours worked each day and each week, and keep time cards for at least 2 years.
  8. If you plan a fingerprint, hand or face clock to stop coworkers clocking each other in, check your state's biometric privacy law first. In Illinois you need written notice and a signed release before collecting it.
  9. If you find padded hours, talk to your accountant and an employment lawyer before docking anyone's pay or confronting them, and keep the original records as they are. Fixing padding must never mean cutting hours someone did work.

How do employees get paid for padded timesheets and overtime they didn't work?

The ACFE's Occupational Fraud 2026 report defines a payroll scheme as a fraudulent disbursement scheme in which an employee causes their employer to issue a payment by making false claims for compensation, giving as examples an employee claiming overtime for hours not worked and an employee adding ghost employees to the payroll.

Does a time clock or biometric scanner stop overtime fraud?

On October 20, 2026 a former MBTA track inspector pleaded guilty to conspiracies including overtime fraud. According to the U.S. Attorney's Office for the District of Massachusetts, from January to October 2024 he and his alleged co-conspirators submitted false overtime sheets: they didn't show up for the shift at all, showed up hours late, or showed up at the start of the shift, used the hand scan and then disappeared for hours, sometimes to sleep in their vehicles, before coming back. The same release says inspection records were also falsified and made to look longer than they were.

What records do employers have to keep for hours worked and overtime?

Under 29 CFR 516.2, employers covered by the federal minimum wage and overtime rules must keep, for each such employee, the hours worked each workday and the total hours worked each workweek, along with straight-time earnings and overtime premium pay. Under 29 CFR 516.6, the time cards or sheets showing daily start and stop times must be kept for at least 2 years from the last entry. State rules can ask for more.

How do I ask Rightshold about this (free, no key)?

Add the MCP server https://www.rightshold.com/mcp to Claude, Cursor, ChatGPT, Grok or VS Code, then ask: “Open a human approval request before payroll pays one employee's overtime for week 45. I want my approval recorded against the exact hours, the pre-approval reference and a hash of the time-clock export, so payroll only pays overtime that matches something I approved from my own account, not an emailed form.”

One-click setup

{
  "tool": "request_human_approval",
  "arguments": {
    "action": {
      "type": "overtime_payout",
      "period": "2026-W45",
      "employee_ref": "EMP-31",
      "overtime_hours": 6.5,
      "preapproval_ref": "OT-PRE-2026-1104-07",
      "work_evidence_ref": "JOBS-2026-W45-EMP-31",
      "timeclock_export_sha256": "<sha256 of the week's time-clock export>"
    },
    "summary": "Pay EMP-31 6.5 overtime hours for week 45 (pre-approved as OT-PRE-2026-1104-07; matched to closed jobs in JOBS-2026-W45-EMP-31).",
    "expires_in_minutes": 2880
  }
}

Rightshold doesn't connect to your time clock, scheduling, payroll or HR software, and it can't count hours, see who clocked in or detect padded timesheets. It records the approvals you ask for and lets anyone check them later, so it only helps if payroll checks overtime against them before paying. Case details are from U.S. Attorney's Office press releases (the MBTA release describes some co-conspirators' conduct as alleged); federal rules are from the eCFR and the Illinois law from the Illinois General Assembly site, read November 14, 2026; ACFE figures are from Occupational Fraud 2026. Not legal, employment, payroll or accounting advice.

What are the sources?

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