Legal Question in Employment Law in Ohio

time card shaving

my employer removed app. 40 minutes (including overtime) of time worked from my last check and refuses to pay because I clocked in early (5 minutes or so) several times during the pay period. The employee handbook states ''no employee may clock in before their scheduled time'', but this is the first time I've ever noticed time missing from my check and was never aware of this rule. I've never been warned about timecard abuse. Is this legal?


Asked on 6/30/07, 12:18 am

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: time card shaving

Unless you are exempt from the overtime pay requirements (which depends on the type of work that you do) of the federal Fair Labor Standards Act (�FLSA�), your employer must pay you for the overtime that you worked; it cannot deduct your wages as a form of discipline for punching in early. If it wants to discipline you, it must find some other way of doing so. If you complain to the employer about its potential violation of the FLSA, note that the law also prohibits employers from retaliating against employees who complain about wage violations.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 6/30/07, 7:09 am


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