No pay for time worked

[natty_light]

I recently found out that my employer only pays employees for scheduled amount of time, not the total number of hours worked. For example, if I am scheduled to work until 9pm but, for whatever reason I do not clock out until 10pm, I am not being paid for the extra hour. Over the course of the pay period this added up to a total of 10 unpaid hours.

Is it legal for an employer to do this? If not, what action can I take to collect my unpaid wages?

Colorado

 

[FlaRiptide]

The employer is legally obligated to pay you, a non-exempt employee, for ALL hours worked. If after work you were standing around waiting for a ride home and did not clock out until your ride came, then your employer would not need to pay you. Yet as long as you are working, you must be compensated.

This is why many employers insist on employees not clocking in early or have them go home early in order to not exceed 40 hours and thus overtime.

How you handle this is up to you as it could affect your position. You may want to print-out "Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA)" and anonymously provide it to your employer.

I cannot advise you on any legal action to pursue, though my opinion is that it might not be worth your trouble and depends on how well you like your job and how long you hope to stay there.

You may also wish to clock out on your scheduled time and see what your supervisor says. Be polite, yet firm and see if this might open an amiable discussion. Yet, be prepared for the worst.

If they do fire you due to this, you would certainly have legal recourse which you could then pursue if you chose to.

 

[natty_light]

Thanks for your help.