non exempt..swipe at a time clock

You are entitled to be paid for the time you are at work performing or ready to perform duties.  This is true regardless of whether you have swiped in or the time clock system is working or not.  The problem then becomes, however, proving that you were at work on time when the system does not work properly.  You can perhaps notify a supervsor or send an email or text to prove this if the boss makes an issue of this.