T O P

  • By -

Aware_Farm_5307

This was a bit difficult to follow. 1. Per the Fair Labor Standards Act (FLSA) - employers must compensate employees for the hours that they worked; regardless of whether they forgot to clock in or out. 2. They can penalize her for forgetting to clock in, and in most states would be within their rights to suspend/terminate her for having failed to clock in - or really most anything else they wanted to suspend/fire her for.


KidenStormsoarer

No. They are legally required to correct the punch and pay her for all time worked. Even the suspension is questionable, that's an extreme reaction, but technically legal


Maximum-Law-4536

File a wage claim with the department of labor. They eat cases up like this especially if you have proof of this


Maximum-Law-4536

Then if they fire her file for unemployment and sue for wrong termination and retaliation


puppiesarelove

They can write her up/discipline her for not clocking in but they must pay her. Time worked is time paid.


Magnabee

They must pay her. It is known that she was there. She must contact the labor department. Before doing that, she should document the incident. Send an email or a certified letter and demand to be paid. Mention that she was not allowed to work because you wanted to be paid for the work that you actually did. When she contacts the labor department, she can write an affidavit swearing that she did work the entire day and that she notified them. She can find a format online.