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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.