QUESTION

Are we obligated to pay for an hourly person that did not use the timecard system?

Asked on Nov 11th, 2014 on Labor and Employment - Texas
More details to this question:
An employee was hired to do maint. work, they quit and are claiming we owe them more hours than they punched in/out of our time clock system. Are we legally ok to only pay them for the hours they actually punched in for. They were aware when hired they had to punch a time clock.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
An employer is required to pay an employee for all hours it intstructed him to work and any hours it permitted him to work, even if the employee was not instructed to do so.  The answer to your question lies in whether or not the employee actually worked the hours he is claiming, regardless of whether or not they were accurately recorded on the time clock.  If he did the work, he is due the pay. Though the point is now moot because the employee has resigned, an employee who fails to adhere to the employer's instructions on accurately recording his time on the timeclock could be fired or otherwised disciplined, but he cannot be denied the pay (including any overtime pay) for the hours actually worked.
Answered on Nov 17th, 2014 at 12:59 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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