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


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.

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