Can our boss really not pay for all hours worked?

UPDATED: Oct 1, 2022

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Can our boss really not pay for all hours worked?

My boss and her assistants have been really hard with us about hours. We were not trained to do billing and when they found out we were doing it wrong, so they started messing with our hours. They threaten us with emails that say if we work more time than what the schedule says, we will not get paid for it. So they want us to clock in and out right on the dot.

Asked on January 23, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you MUST be paid for all hours worked if you are an hourly employee (and overtime when you work more than 40 hours in a week): that is the law (e.g. the federal Fair Labor Standards Act, or FLSA). The employer can limit how many hours you work; can require you to stop working the moment your shift ends; can demote you or cut your wages or terminate you if the employer does not like how you do your job--but if you work, you must be paid. If not paid for all hours worked, contact the department of labor about filing a omplaint.

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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