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Employment Law/missed punches


My fiancÚ works for a company that has an electronic time clock.

over the course of 4 months she has never missed a day and has never been late.  She punches in and out on time, however the time clock miss punches more often then not.

After going through her pay stubs,  we noticed that every week she was not paid for 2- 10 hours a week.

Does the company have to pay her for those hours or is it in their right to not pay due to the amount of time that has gone by?


As a general rule under both state and federal wage and hour laws, employees are entitled to be paid for all time actually worked and it is an employer's responsibility to properly and accurately track an employee's time spent working.  If an employer's time clock is not accurately recording punches, it will likely be responsible for correcting any errors in pay, unless the errors are so small as to be considered "de minimus".  2 to 10 hours per week of unpaid time is not "de minimus".

Your fiancÚ should first bring this to the attention of the company and see if they are willing to correct her pay and fix the time clock.  If, however, they do not, she may wish to contact your state labor agency which is the Michigan Department of Licensing and Regulatory Affairs at (517) 322-1825 /,4601,7-154-11407_59886-39617--,00.html] regarding filing a potential wage claim. If this is an issue that is impacting many workers, and particularly if the unpaid hours would be overtime pay, she may also want to contact the U.S. Department of Labor [1-866-4-USA-DOL /].

Under federal wage law, the statute of limitations in most cases allows workers to recover unpaid wages for work done for 2 years prior to a lawsuit being filed.  

I hope this information is helpful and that your fiancÚ is able to get this issue resolved quickly.

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Michael Lore


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).


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.

American Bar Association, American Association for Justice, National Employment Lawyers Association

BBA in Finance, J.D.

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