Is it legal for an employer to not pay you for hours worked just because you didn’t clock back in from lunch?
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Is it legal for an employer to not pay you for hours worked just because you didn’t clock back in from lunch?
We have a computer system that works by fingerprint to clock in/out. If you forget to clock in from lunch or to clock out at the end of the day, our employer will not pay us for those hours. We either lose the hours or have to use PTO to cover it. This cant be legal! Especially since we have cameras in our office to document you were there and our computer software logs everything you do with your name, time, and date. Before I discuss with with my employer, I want to know the law and my rights. Am I right or wrong? Isn’t it the employer’s job to document hours worked?
Asked on August 2, 2011 Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The other stuff that you state here in your description in support of your question is all the proof that you would need to callenege the determination by your employer that you worked the time you say that you worked. In a simple answer to your question no, you should be paid for the time that you worked. And if you forgot to clock back in or the mechanism to clock back in failed then the employer should have either a back up or allow you to document your hours for pay. If there is no HR department call the department of labor. But first try and reason with your employer again. Good luck.
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