Can an employer clock an employee out?
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Can an employer clock an employee out?
I work with childern so when it comes around 4 pm when I’m supposed to be off i cant always leave right at 4 due to not having another teacher to take over the room. My director has been clocking me out about 5-10 minuets before I leave. I requested a meeting with human resources and the director has told me not to come back to work until she can set up the meeting and is very mad I wanted to contact human resources. So mainly I want to know if she can legally clock me out and if there is a way I should approach this because I am in fear of loosing my job which I can’t afford right now
Asked on December 7, 2017 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There are two different issues here.
1) Can an employer clock out an employee? Yes, if the employee forgets or fails to clock out, the employer may clock him/her out.
2) Can an employee be clocked out while still working? No. If you are still watching the children or otherwise working, you must still be paid, even if it's after your workday or shift normally ends. It doesn't matter when you are supposed to stop working: if an hourly employee, you must be paid until you actually stop.
We cannot advise on how to approach this--that depends on your sense of this employer and how they will react; and also on whether you value getting the extra pay over possibly having to get involved in legal proceedings with your employer. (If they don't voluntarily pay, or if the get angry and terminate you--which would be illegal; you may not legally be fired for enforcing your legal rights--you would have to sue and/or file a complaint with the Dept. of Labor.)
What we can advise is that legally, you are entitled to be paid for the extra 5-10 minutes if you are still working during them.
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