If my boss does not pay me from whenI clock in to whenI clock out, is there anythingthat Ican do?

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If my boss does not pay me from whenI clock in to whenI clock out, is there anythingthat Ican do?

We have a time clock which we use, however my boss pays us for the hours he scheduled us for. However, we sometimes work more than that, sometimes less. The hours he keeps recorded are not accurate.

Asked on December 18, 2011 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are an hourly employee, you *must* be paid for all time worked (and also overtime, as applicable; i.e. if you work more than 40 hours in a work week)--there are no exceptions. It doesn't matter what your scheduled shift it; all that matters is the time you actually worked.

You may have a claim, therefore, for all time for which you have not been paid, though proving it may be difficult if you have not kept good records yourself. You should discuss this matter with an employment law attorney, to see how strong your case is, what it might be worth, etc. You have essentially two options: you can file your own lawsuit (either individually, or jointly with other affected employees), or you can file a complaint with the department of labor.


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