Q: Is it legal for my employer to go in to change my clock in time without it being in my contract or previously discussed?
I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.
I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they say in the machine I punch in at.
My shift is supposed to start at 11 pm and go until 7 am. I typically clock in around 10:55 pm - 10:58 pm as I was told I could but they're consistently changing this time to 11 pm without it being in my contract they can and without previously letting me know they would be doing so.
This same rule doesn't seem to apply if I'm a few minutes late though.
I'm there working for the approximately 5 minutes I'm clocked in before 11, so shouldn't I be getting paid for them?
I have photos that show the times are different between the clock in machine and what I'm being paid for.
A: How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more information is needed here.
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