If you are paid an hourly wage, you understand the importance of timecards and time sheets. The employer must keep track of the hours that you worked in order to properly pay you for that pay period. While you may be told to clock in and out before and after each shift and before and after breaks, the laws set the responsibility of keeping track of time on the employer.
While your employer may rely on you to check in and out, or clock in and out, they are ultimately responsible for keeping track of your time. When they are going over your time sheet or timecard and they notice that you clocked in, but didn’t clock out, or vice versa, they should ask you about it. If you realize that you failed to clock in or out, or didn’t properly check in or out, you should notify a supervisor or manager right away to correct the problem.
What Happens If I Forgot to Clock In?
Most people forget to clock in for their shift at least once. It’s typically not a big deal, but you should inform your employer immediately that you didn’t clock in so they can adjust your time sheet. You will still get paid for all the time that you work. Even if you forgot to clock in your employer still has to pay you for any time that you worked. Keep track of when you arrived and when you started work, and as soon as you realize that you forgot to clock in tell your supervisor. You still will be paid for your entire shift if you showed up and started work on time. The Fair Labor Standards Act states that your employer must pay you for all time worked.
What Happens If I Forgot to Clock Out?
If you finish your shift and leave without clocking out the clock will run until the next day. Don’t ask someone to clock out for you, just let the clock run. You need to let your employer or supervisor know so that they can correct your timesheet and make sure that you get paid for the correct amount of time. It’s essential that you let your supervisor or HR know immediately that you forgot to clock out and let them know what time you finished your shift. Employers can get into legal trouble for overworking employers so your time sheet needs to be corrected to prevent your employer from getting into trouble.
What To Do If The Employer Doesn’t Track Your Hours
If you forget to clock in or out, it is the responsibility of your employer to address the issue and ensure that you are paid properly. If your employer fails to properly track your time, you should speak with a supervisor or with the human resources department. Review your paystub and tell them of any discrepancies, such as time that you were not paid for or times when you didn’t clock in or out.
You should always check your paystub and compare it with your time worked. Even if you clock in and out at work mistakes can be made or your employer could short you out of time you worked. You should always maintain documentation of the time that you worked for yourself. It is important to review your paystub every pay period so you can show that you were not paid properly.
Your employer must still pay you for your time worked even if you forgot to clock in or out. The law is on your side, and your employer must pay you for the time that you said you worked. The only way your employer can get out of paying for those hours is by proving that you didn’t work that many hours. In that case, the burden of proof would be on your company.
Can My Employer Punish Me For Failing To Track Time?
If you don’t keep track of your time, your employer can still punish you. While it is your employer’s responsibility to keep track of time so you can be paid properly, they can assign the responsibility to you to ensure that you do keep track of the time you have worked. Most states have laws that indicate that employees must be paid all wages that they reasonably believe are due in full and on time, even if there is an inaccurate or a missing timecard, even if that is because the employee failed to properly clock in and out to keep track of time.
While your employer can reprimand you for failing to follow instruction and for not adhering to company policy, but they cannot punish you by not paying you what you earned and what is owed to you. If there is a good faith dispute between you and the employer regarding how much you are owed for the time that you worked, the employer may be able to withhold the disputed amount until the matter is resolved through the proper channels.
Speak With An Employment Law Attorney
If you forgot to clock in or out and wasn’t paid for all the time that you worked, you should enlist the help of an employment law attorney. Your lawyer will be familiar with the state and federal laws and will know the best way to proceed with your claim. You will need to make sure you have supporting evidence and documentation, such as a record of the time that you worked or witness statements from coworkers who know when you worked and how long you worked.
Your chances of a successful claim will increase greatly when you enlist the help of an employment law attorney. To share the details of your wage theft case with an employment law attorney, complete the Free Case Evaluation Form on this page. There is limited time to pursue a claim, so don’t wait until it is too late to recover compensation for your damages.
