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Hourly employee who did not punch

An hourly employee did not punch in and out for several days. Thus, there is no proof of her being there those hours and not showing on her timecard. The employer does not agree to pay her. However, that pay period and the pay day for that pay period have passed before this is discovered. The employer will pay these days on the next check which is only 4 days away but the employee is demanding payment now. Can the employer wait?

The federal Fair Labor Standards Act (FLSA), which establishes wage and compensation guidelines, requires non-exempt employees be paid for all hours worked in a workweek. Non-exempt employees must receive at least minimum wage per hour worked and overtime pay at a rate not less than one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

Under the FLSA, non-exempt employees must be paid for all hours actually worked. A non-exempt employee claiming to work hours that weren’t documented in accordance with company policy must still be paid for those hours.

It’s the employer’s responsibility to ensure the employees use the time clocking system as directed. Thus, any employee who fails to follow directives, such as clocking in/out, can be disciplined as appropriate.

The FLSA doesn’t require employers to pay employees on a certain day or within a certain time limit but many states do. Thus, it’s important to know if state law requires the employer to compensate the employee for unpaid wages in a specified time frame. Absent state law, the employer is able to wait until the next paycheck.

This entry was posted on Saturday, August 9th, 2014 at 10:49 am and is filed under
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