Is it legal for an employer to not pay you for hours worked just because you didn’t clock back in from lunch?

UPDATED: Aug 2, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 2, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for an employer to not pay you for hours worked just because you didn’t clock back in from lunch?

We have a computer system that works by fingerprint to clock in/out. If you forget to clock in from lunch or to clock out at the end of the day, our employer will not pay us for those hours. We either lose the hours or have to use PTO to cover it. This cant be legal! Especially since we have cameras in our office to document you were there and our computer software logs everything you do with your name, time, and date. Before I discuss with with my employer, I want to know the law and my rights. Am I right or wrong? Isn’t it the employer’s job to document hours worked?

Asked on August 2, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The other stuff that you state here in your description in support of your question is all the proof that you would need to callenege the determination by your employer that you worked the time you say that you worked.  In a simple answer to your question no, you should be paid for the time that you worked.  And if you forgot to clock back in or the mechanism to clock back in failed then the employer should have either a back up or allow you to document your hours for pay.  If there is no HR department call the department of labor.  But first try and reason with your employer again.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption