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Employment Law/adjusting your puch in and out time

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Question
My employer adjusts my punch in and out time to what the schedule says I understand adjusting my punch in time from 5;55 am till am but when I am actually working till 1:15 pm and unable to punch out at p.m. cause there are customers, or the next person is late, or you are scheduled to be done by 9a.m. and are not finished with what has to BE DONE. If I punch out 15 min to an hour or 2 later and still only get paid till 9 am. and I know this is being done, because I am being trained for the asst. manger position and that is what the manger showed me to do on everyones payroll... this is in tenn.

Answer
Danielle,

What you describe is commonly referred to as "shaving" time from payroll records - or just plain wage theft.

If you are a non-exempt hourly employee (which it sounds like you are)both state and Federal wage laws generally require an employer to pay wages for all the hours actually worked.

“Hours actually worked” means the time during which an employee is required to be on duty or to be on the employer’s premises or at a prescribed workplace and all time during which an employee is suffered or permitted to work. Regardless of the hours scheduled, an employer is required to pay workers for all hours worked, even if the hours exceed the number of hours scheduled.

This type of editing or shaving of hours is commonly seen when the additional hours put the employee over 40 hours for the week - meaning they are now owed time and a half for the overtime hours.  While employers can make scheduling changes to avoid having employees go over 40 hours per week, they cannot merely delete time from the pay records after it has already been worked.

Should you desire additional information or to further pursue your potential claims, you should contact the Department of Labor [1-866-4-USA-DOL / www.dol.gov] and/or the Tennessee Department of Labor and Workforce Development's Division of Labor Standards at 866-588-6814 or online at www.tn.gov/labor-wfd/faq_laws.shtml.

Best of luck in resolving your situation.  

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Michael Lore

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I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).

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I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

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