Is there such a thing as

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Is there such a thing as

For example, I clocked out with 10.07 hours at a 10 hour shift. Now I’m being told that I’m being capped at 10 and the supervisors are to go in and edit my time to take away that .07 hour. That does not sound legal, especially if my weekly hours are under 40, so no overtime is accrued.

Asked on July 14, 2016 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends: if you were told in advance to not work more than 10 hours, then you were not authorized or permitted to work the extra time and they *can* take away the extra .07 hours: an employer, not the employee, determines hours, and if you work more than you are instructed or allowed to work, they don't have to pay you.
If they did not *in advance* tell you to not work more than 10 years (or similarly, tell you that you needed advance approval for extra time), then they do have to pay you this .07 hours--but are free to tell you to not do this again or to discipline you (since if you don't have a written employment contract, you may be disciplined at any time for any reason whatsover).


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