Legal Question in Employment Law in California
Employment Law - Labor
My boss was asking why I clocked out at about 7:45 every day, and when I told her that I waited for all the customers to finish their workouts before I started cleaning the exercise equipment.
Not liking that - she decided to take it upon herself to clock me in and out ahead of time, regardless of the hours I worked. Is it legal for her to do that?
2 Answers from Attorneys
Re: Employment Law - Labor
No. It is absolutely illegal for her to clock you out ahead of the time you finish working. If she wants you to clock out earlier, she should instruct you to begin your cleaning earlier and to make sure you clock out at the time she wants.
You must be paid for all of the hours you actually work and overtime if it goes to more than 8 hours in a day or 40 in a week.
Re: Employment Law - Labor
No. If the company clocks you out, they can't make you work more. File a claim of unpaid compensation with the Labor Commissioner, if you have evidence to support your allegations.
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