If I come in to work early, can my employer take that pay/hours away?

I have come in to work early to help get caught up on rework or let
someone go home who has been there all day. I even asked and got
permission to come in early and those overtime hours were taken away.
This has happened several times. I was never told I couldn’t come in
early to work. Place I work needs the help.

Asked on May 20, 2017 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they let you work, they must pay you for the time you worked and for overtime, if you worked more than 40 hours that week: that is the law (e.g. the Fair Labor Standards Act, or FLSA). If the don't pay you for all work and overtime as applicable, you may file a wage and hour complaint with the state or federal department of labor. They could have declined to let you start work early, or let you start early then sent you home early--that would be legal. But having let you work, they must pay you.


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.