Can my employer give me cash or gift card for working off the clock

UPDATED: Sep 30, 2022

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Can my employer give me cash or gift card for working off the clock

My boss asked me to come into work
but instead of clocking on they
want to pay me my full days pay in
a gift card instead of it counting
as overtime can they llegally do
that and if I refuse can they
terminate me?

Asked on November 3, 2016 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, they can't do this: if an hourly employee works, the employer must track his or her time and must pay him or her for all hours worked, including paying overtime for any hours worked over or past 40 hours in a workweek. That's the law (e.g. the Fair Labor Standards Act, or FLSA) and employers have no discretion in it. If they don't pay you  as required, you could file a complaint with the department of labor; and legally, they may not terminate you for insisting on your rights under the law, and if they do, you could again, file a labor department complaint.
That's the law: you have to decide if what they are offering you is fair or reasonable and, if so, whether it would be better to accept than to file complaints and deal with a possible legal action. You have legal rights, but do the thing here that works best for 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 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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