Worked more than what I was paid for

[mr2shim]

What is the name of your state? South Carolina

I am paid bi-weekly. I worked 82 hours. I was only paid for 80. This is the 2nd week this has happened. I didn't say anything abotu it the week before. I'm pretty sure this is illegal. I clock out when my relief comes. They are almost always late. What should I do?

Thanks

 

[>Charlotte<]

What should I do?

You should ask your employer if they are aware (and agree) that you are owed for four hours, and if they intend to pay you.

 

[mr2shim]

You should ask your employer if they are aware (and agree) that you are owed for four hours, and if they intend to pay you.

My employer, has this "no overtime" policy. Saying that we should clock out no earlier than 5 min before our shift and no later than 10 minutes after. Well I'm not working for free if someone is late, and that's why I clocked out when my relief arrived.

I doubt they'd be willing to pay openly because they are greedy.

Basically, I'm wondering if what they are doing is legal. Assuming they refuse to pay. Even if they do agree to pay, is what they did legal?

 

[diannamichaelso]

The first question should be:

Are you and exempt employee or non-exempt employee??

 

[mr2shim]

The first question should be:

Are you and exempt employee or non-exempt employee??

Is that salary based or not?

If so, then no I'm not on salary. I've always always gotten paid for my OT with the previous ownership. My place of work is under a new ownership. I've worked here for over 4 years and this hasn't ever happened until now.

 

[cbg]

If you work overtime, you have to be paid for it.

However, if you clock out before you are supposed to, you can legally be fired.

You have legal recourse if you are not paid everything you are owed. You have no legal recourse if you are fired for clocking out before your employer wants you to.

 

[mr2shim]

If you work overtime, you have to be paid for it.

However, if you clock out before you are supposed to, you can legally be fired.

You have legal recourse if you are not paid everything you are owed. You have no legal recourse if you are fired for clocking out before your employer wants you to.

That's different. I didn't know you could be fired for clocking out early.

Good to know I have Mr. Law behind me. This new company has done some underhanded things since they arrived. Fired 2 older workers for no good reason. Claiming they were slow despite finishing work ahead of a few.

 

[>Charlotte<]

That's different. I didn't know you could be fired for clocking out early.

You can be fired for just about anything, as long as it's not a reason prohibited by law. That's a very narrow parameter. When it comes to employment law, "unfair" seldom means "illegal."

 

[justalayman]

So, what you might do is approach the boss and ask them if they would rather have you punch out when you are supposed to or stay on the closk until your relief arrives even though it would be overtime for you.

 

[ecmst12]

If they want you to clock out at the end of your shift regardless of whether the next person has arrived, make sure they understand that you will have to stop working if you are not being paid, and they must pay you (keep you on the clock) if they expect you to continue working, or they are breaking the law.