Can an employer let you clock in and out and not pay you?
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Can an employer let you clock in and out and not pay you?
My scheduled clock in bid time is 7 am.Then changed to 6:50 am then changed to 6:40 am and then they wanted to change it to 6:15 am I then let my boss know that I was not available at 6:15. The next day I came in at 6:40 am witch is the earliest time that I agreed that I was available the supervisor allowed me to clock in and I then asked for my route was told that they didn’t have a route for me to do because I couldn’t come in at 6:15 am at the new clock in time for my route and they sent my route out and did not offer me any other route to do that day I was allowed to stay on the clock until it was time for my scheduled clock out time. When I received my check I was not paid for that day can they do that and why,its not my fault they didn’t have no work for me or didn’t make any adjustments for me to be able to still come in and do the job I was hired to do
Asked on October 28, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) If they had you (or allowed you to) clock in and stay at work, they had to pay you for all the time you were there; the law requires that hourly employees be paid for all time at work, whether or not they are being productive. If they don't, you could try filing a complaint with the state department of labor and/or suing in small claims court for the money.
2) For future reference, bear in mind that the employer can set the schedule and you MUST meet it--the law doea not let you come in late if the schedule doesn't work for you. If you come in late, your employer could refuse to let you clock in or send you home early; could suspend you; or could terminate you for cause (no unemployment).
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