I received my paystubs and it shows that my employer has deducted time I have worked while clocked in to keep me under 40 hours. (ie:) I clock in at 9am till 5:42pm and next to it it says that it was modified to 9am-5:30pm although i worked till 5:42pm. is this legal?
2007-09-07 12:59:14 · 12 answers · asked by merch6903 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
No. Unless the employer did not approve for you to work overtime then he doesn't have to pay you.
2007-09-07 13:05:00 · answer #1 · answered by hallock36 3 · 0⤊ 3⤋
As long as you are not considered "Exempt", your employer is required to pay you overtime for any hours over 40 that you work. If they want to make a modification, they can have you come in late, leave early, or take a longer lunch the next day.
Keep in mind, however, that some 24 hour businesses have a work week that ends at a specific time -- example would be 5:30 PM Friday to 5:29 PM Friday the following week. If this is the case, you should get the remaining 12 minutes the following week.
However, that should be made clear to you. Ask your employer about this first, as they may have thought you left at 5:30, so they were adjusting it.
Don't let them take you, but don't get up in arms either -- they can always pay you and fire you at the same time.
2007-09-07 14:55:44 · answer #2 · answered by mj69catz 6 · 1⤊ 0⤋
You must get paid for all the time you have worked and that includes any overtime. It is not right that your employer is not paying you for the extra time you have worked. They do have to pay you.
But also, it is not alright if you are abusing a "no overtime" policy. If you know that employees are not allowed overtime, then I think you should pay extra attention to your hours to prevent any problems with HR or your boss.
Also....Some companies have the five minute rule. If you are late 5 minutes, you are deducted 15 minutes of your time. Check the time policy with HR or your boss.
Remember....You are owe that money if you indeed worked overtime. Walmart lost a multi million $$$ lawsuit due to not paying hours worked by employees.
2007-09-07 13:15:58 · answer #3 · answered by Anonymous · 2⤊ 0⤋
It is illegal to change a time card in order to keep a person under 40 hrs. The labor board should be notified. You may not have supposed to have worked over 40 hrs., but if you did,you have to be paid. That company needs to be audited.
Call the labor board. How many other employees are being done the same way?
2007-09-07 17:04:20 · answer #4 · answered by Morningstar 4 · 1⤊ 0⤋
i'm no longer out of your place. So few queries I even have in my strategies. Are all of the employer employer behave like this with their worker? This jogs my memory the age of slavery. Is employer treating badly with you in user-friendly terms ? Or doing the comparable for each man or woman? No offense yet frankly speaking, if I have been you i would not tolerate this. i understand earnings is significant ingredient to stay to tell the story existence. So i will try for extra efficient working environment the place i will artwork with peace. that's upto you techniques you handle. ultimate of success Sara
2016-10-10 04:03:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, it isn't. The employer can require you to obtain advance authorization before working OT, but once you have worked that time, you must be paid for the hours you worked. Visit www.dol.gov to find out more and to file a claim if necessary.
2007-09-11 12:38:29 · answer #6 · answered by Mel 6 · 0⤊ 0⤋
Well, if he's going to pay you for 40 hours , work 40 hours. And if they gave you some kinds of Company Policy Booklet. Read it over. It may give you a clue.
2007-09-07 13:07:18 · answer #7 · answered by fuzzykitty 6 · 0⤊ 0⤋
It is illegal. If you would like to pursue it, you need to contact your state Department of Labor (DOL). They will investigate and you will be paid.
They may have a policy ... which may or may not have been communicated to you ... that you may not work over 40 hours per week. However, even if you did violate this rule, your employer is still required by Federal law to pay you. This is a black and white issue in terms of labor law.
2007-09-07 14:16:19 · answer #8 · answered by KP7689 4 · 3⤊ 0⤋
Yes .Your employer stil must pay you as you were on the clock .Even if he did not approve your overtime .
He may document you on this occurance ,but he still must pay you the time that you were on the clock
2007-09-07 13:26:56 · answer #9 · answered by bsouthern13 1 · 3⤊ 0⤋
No it is not legal. Employers must pay you for all time you worked. If they modify your time card they need to have your permission.
2007-09-07 13:06:26 · answer #10 · answered by soaplakegirl 6 · 1⤊ 0⤋
Technically, it's illegal,even if you didn't have permission to work overtime. In practice, unless you're in a union, complaining about it could get you fired. Ask nicely, and you should be able to get comp time.
2007-09-07 13:41:24 · answer #11 · answered by Bobzeechemist 4 · 2⤊ 0⤋