Worked time taken away
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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).
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