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Employment Law/missing a time punch


about 12-12-12 my job changed our time clock from a card swipe to a finger print swipe clock. since then i may have missed a swipe or it just did not read my print. so the girl in charge told my boss of my department that regardless if im at work if i miss a punch she will make sure that i or anyone who miss's a punch will not get paid for that day regardless if we are there or not. Is there a law stating that if so i would like to get a copy of that law. i work in the town of Blue Island Il.

Mario - At the Illinois web site, click on the "employment" link at the top of the page right under the picture of the state capitol.  That will take you to the IL Department of Labor site, which has a link to a form for filing a wage complaint against an employer.  It is against state and federal law not to pay employees for time that they work.  The little tyrant who has issued this rule will be getting the employer in a world of trouble if she makes it a habit of not paying people for time they can show they worked.  Here is a section of the IL administrative code that makes reference to the duty to pay:

Section 300.640  Refusal to Pay Wages or Final Compensation

a)         The duty to pay wages or final compensation arises out of a contract of employment, an employment policy, or an agreement between the parties.  The Department will make a determination in accordance with Subpart F or G as to whether the duty to pay exists.

b)         An employer doing business at the time the duty to pay wages or final compensation arises is presumed to have the ability to pay.

c)         A willful refusal to pay is a voluntary, conscious and intentional act. An employer who subordinates the wage claims of employees to the claims of other creditors has willfully refused to pay wages or final compensation, in violation of the Act.

(Source:  Amended at 35 Ill. Reg. 12933, effective July 20, 2011)

If you want to check out the federal law, the Fair Labor Standards Act, you can use this link:

Someone should inform HR - politely - that she is proposing to violate state and federal law, and that someone with authority ought to set her straight.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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