QUESTION
Is it legal for my employer to expect me to work if I am not being paid for it? I am an hourly employee.
Asked on Feb 02nd, 2012 on Labor and Employment - Illinois
More details to this question:
My manager has stated that if we show up after our start time, he will not start the timeclock until the next hour. For example, if we are to start at 9 am and punch in at 9:05, he will not start our clock time until 10 am. Can he expect us to work for that time and not be paid? Also, he has said that if we forget to punch in more than 2 times in a 6 month period, he will not allow us to correct our punch in time. Can he refuse to fix my time if I have witnesses who can state they saw me working at a certain time?
1 ANSWER
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Under the law, your employer must pay you for all time worked. If you are required to work from the time you punch in (9:02 in your example), then you are entitled to be paid from that time until you cease working. Essentially the same is true of your time records. If you make a mistake in recording your time, then realize your time card is incorrect and correct it, you must be paid for the time you work. In addition, since both the U.S. Dept. of Labor and state departments of labor conduct audits of employer records to confirm they are following the law, it is important for your employer to allow you to correct the time cards to assure they are accurate and complete. After all, the time cards are your employer's records and the law requires them to be accurate.
Answered on Feb 06th, 2012 at 3:24 PM