Employers taking hours worked

[Maurice]

Jurisdiction

South Carolina

We had meeting @ 7am to 9am. I was clocked in until meeting ended. I returned later to fill my regular scheduled hours. After completing my my shift I notice my 7am to 9 am was looking away with out notice. Can my employer do this without notice or probable cause?

 

[cbg]

Was this meeting mandatory or optional?

 

[Maurice]

Was this meeting mandatory or optional?

It was madatorty but I always clocked in for meetings. Plus employer never said not to. Now it's being tooking without notice

 

[Maurice]

It was madatorty but I always clocked in for meetings. Plus employer never said not to. Now it's being tooking without notice

Also I wasn't the only one to clock in either.

 

[cbg]

Good. The meeting being mandatory helps you. If the meeting was mandatory you must be paid for it.

Now, this might be splitting hairs, but the law is often about splitting hairs. The law does not prohibit the employer from making changes to your time card, but it does require the employer to pay you for all time worked, including a mandatory meeting. So what I would do is wait until you get your paycheck. If you are paid for the meeting, no harm no foul. If you are not, then you (and any other employee who does not get paid for the mandatory time) file a complaint with your state DOL.

http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf

One caveat. SC does not accept claims for overtime. So if these two hours end up being overtime, you would instead file with the Federal DOL.

 

[Maurice]

Good. The meeting being mandatory helps you. If the meeting was mandatory you must be paid for it.

Now, this might be splitting hairs, but the law is often about splitting hairs. The law does not prohibit the employer from making changes to your time card, but it does require the employer to pay you for all time worked, including a mandatory meeting. So what I would do is wait until you get your paycheck. If you are paid for the meeting, no harm no foul. If you are not, then you (and any other employee who does not get paid for the mandatory time) file a complaint with your state DOL.

http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf

One caveat. SC does not accept claims for overtime. So if these two hours end up being overtime, you would instead file with the Federal DOL.

 

[Maurice]

A manager clocked me out and saw that my hours wasn't there but they didn't have the authority to make changes. Just a m.o.d. but is aware of it.

 

[cbg]

Wait and see what happens on your paycheck. But you are absolutely entitled to file a wage complaint if you are not paid for a mandatory meeting.

The above assumes that you are a non-exempt employee.