Can an employer hold my wages as punishment for not properly clocking in or out?

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Can an employer hold my wages as punishment for not properly clocking in or out?

Asked on February 3, 2012 under Employment Labor Law, Virginia

Answers:

Archibald J Thomas / Law Offices of Archibald J. Thomas, III, P.A. - Employee Rights Lawyers

Answered 9 years ago | Contributor

The Fair Labor Standards Act requires the employer to apy you at least minimum wage and any overtime for hours worked in excess of 40.  Your agreement regarding payment of compensation also requires them to pay you for any time worked at the agreed rate.  However, if you did not properly clock in or out, this raises the question of exactly how many hours you worked and what compesation is due.  If there is some other way of determining what you are owed apart from the time clock, the employer should pay you for the hours that you actually worked even if it is not reflected on the time clock.  However, if the employer requires that the time clock be utilized, they may have the right to take other disciplinay action for failing to follow the correct procedures.  In certain cases, this can result in termination of employment or some other disciplinary action, but normally your pay cannot be docked for this.


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