Worked time taken away

UPDATED: Oct 1, 2022

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Worked time taken away

I am employed and my hours in a 2 week
time is 80 regular hours and 5 overtime
hours. I went over 15 minutes, I know
that’s not a lot, and they took it away
from me. Is that legal? Seems deceptive.

Asked on May 21, 2018 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends: were you told to not work beyond a certain time or point? If you knew you could  only work a certain number of hours, then they *could* refuse to pay you for (i.e. "take away") time past that amount, since you were working without authorization or approval: your employer, not you, determines when you may work. If you work without permission, the employer does not have to pay you for it.
However, regardless of how much you "regularly" work, if you were never told that you could not (were not allowed or authorized to) work more than a certain amount of time, they may not take the excess time time away: the law is clear that any time an employee actually works, so long as he or she does not exceed what he or she is permitted to work, the must be paid for that time (including overtime as applicable).

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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