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Employment Law/1/2 hour taken out of time worked


i work an hourly job at burger king. i was asked to close a day i was already scheduled to work only to 8pm.since it was my first time closing it took my longer then expected to close, i was there until 3am but the closing manager adjusted my time card to clock me out at 2:30am is this legal, if not is there anything i can do about it without being fired?

It is not legal, you need to be paid for all the time you work. You can file a claim with the department of labor. They will investigate and the company will have to pay the 1/2 hour. I don't know if you want to go to that trouble for 1/2 hour. If you file a claim with department of labor they may find something to fire you for, they cannot fire you for filing a claim.

My suggestion would be to talk to corporate office or whomever is the night supervisor's boss and find out if that person can help you out. It is not so much the 1/2 hour but it is the principal that it is not right and you do not want it to happen again and again or to other people.

If you have an HR director that would also be a good place to go.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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