Is my Company stealing time from me?

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Is my Company stealing time from me?

Earlier in the year I had surgery which I had to use a bunch of vacation days so currently I don’t have any more time. My company wrote me up because I called out sick I really was sick and a 2nd write up because I was 5 min late. When I arrive at 750AM if I punch in, the clock does not punch me in until 800AM so how can I make the time up if they don’t give me a chance. It seems that they are being very picky and the fact that if I punch in early and I don’t get the time seems kind of shady to me.

Asked on October 3, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they let you start working at 7:50, then you have to be paid for that extra 10 minutes: hourly employees are paid for all time worked. But the key is, they have to let you start early. The employer, not employee, determines when the employee works, and it is within their right to tell you that you may not start before 8. If they tell you that, you cannot circumvent or override their instructions by punching in early: you can, in this case, only punch in when they say you can.


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