If an employee misses a clock in or clock out, can the employer not pay them?

UPDATED: Oct 28, 2017

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If an employee misses a clock in or clock out, can the employer not pay them?

The state is Florida

Asked on October 28, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the employee can, despite missing clock in or out, prove the hours he or she worked, he or she must be paid: hourly employees must be paid for all hours worked. There is nothing "sacred" or about using a time clock: it is merely one way (alibeit a common and good way) of showing the time worked. If he or she can't prove the time he or she worked, however, then the employer does not need to pay, or would only have to pay for whatever amount of time the employee can prove, and not for unproven hours. And the employer may discipine the employee for failing to use the time clock: demote, reduct pay, cut hours, suspend, even terminate.

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