If I forget to clock back in from Break at work is it illegal for my employer to NOT change my time???

Question

Is there a specific law regarding this?

I am an Assistant manager and my employees sometimes forget to clock back in from break. My District manager has forbid anyone from going in to the timekeeping system and changing their time to the corrected time. My question is: IS there a specific LAW that has to do with hours worked and not reported or recorded ?

Answer 1

Work schedule is supposed to be followed through the letter and violations can be meted with corresponding penalties. Time of work is covered by laws on labor standards wherein enforcement of working hours is valid if not against the health of the workers or employees.

Answer 2

It is highly improbable that a statute directly addresses this issue because it would be difficult to determine who is telling the truth. Off the top of my head I'm sure you could bring a civil suit, but this would probably not be a practical solution because it would cost you money in attorney's fees. In short, there is absolutely no law that would prohibit an employer from correcting your time. I am no lawyer, but I am a law student. If you are serious about getting your time back my advice is to confront this guy and make it clear that you want your time back. If there is a work schedule posted that had you working at the time in question, you should attempt to acquire a copy of it. This, of course, is not conclusive proof that you worked, but it is evidence which implies that you worked. If not, then why would your employer put up with this? Somebody who completely fails to show up to work would be fired!

Acquire the schedule if you can. Either way, confront your boss with the argument- I was scheduled, if I hadn't worked then why is there no evidence of a reprimand (or firing) for not showing up.

If this does not work, then contact the employment agency (can't remember what it is called) listed on the poster that your employer should have posted in some conspicuous place. It lists the minimum wage, rights, remedies, etc. Again, I am unsure as to the law in this area; there may very well be a statute that addresses this problem, especially now that I have thought about it a little more. I'm sure that scamming workers out of time is an issue that has been addressed.

Do not be afraid to contact the agency on the freakin' poster. These people will help you!

Answer 3

No, as it is your responsibility to clock back in.

As for calling the State on them, it would be your word against theirs and as the evidence would prove that you did not clock back in on time, you would lose in a claim for unemployment insurance.

However, if you are a good employee, don't do it all the time or take excessive breaks, a good manager will vouch for you being back to work on time.

Answer 4

No they can't legally do that. Call the state on them. No matter what the employers rules are they dont over ride state law. Federal law states they have to pay you if you did work.

Answer 5

Yes, it is. If they don't they are essentially robbing you of the money you would have earned while you were working while not on the clock.

Answer 6

of course it is. If you do it all the time they can fire you for being an idiot, but they can't refuse to pay you for the extra four hours you worked.

Answer 7

Of course they should just fire you for trying to steal from the company and save themselves a future problem.

Answer 8

yes, but you'll have atougher battle if you signed something to that effect...look in the employee manual that no one reads