Can a manger review security footage and clock you out for time you are standing around

UPDATED: Jul 2, 2019

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Can a manger review security footage and clock you out for time you are standing around

My manager threatened our staff that she will
review security footage and clock us out for
every time we are standing around. I have a
hunch that is not entirely within boundaries.

Asked on July 2, 2019 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the manager may not: the wage and labor laws are very clear that employers may not debit or deduct employee time because they believe the employees are being unproductive. Doing so would be against the law.
However, if the security footage does show you "standing around" when the employer thinks you should be working, you can be demoted, have your pay cut, be suspended, have your hours or shifts cut going forward, or be terminated. The one thing they can't do is clock you out or dockt time.

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 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.

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