Can my employer not pay me hours I clocked in and out on a time clock because it pays by the posted schedule and a sign is up saying the same?
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Can my employer not pay me hours I clocked in and out on a time clock because it pays by the posted schedule and a sign is up saying the same?
Asked on September 18, 2012 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, an employer may not do this. The law requires employers to pay hourly employees for the hours (all the hours) that they actually work; failure to do so is a violation of the labor law, and employees could contact the labor department and/or file a lawsuit to recover any compensation they should have been paid, but were not
What an employee could do is to refuse to let employees work other than the posted hours--that's legal. But if the employees are allowed to work, then they must be paid. An employer could also obviously fire any employee who violates the schedule or otherwise doesn't follow company policy or instructions.
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