My tribal casino job uses a timeclock badge scanner and I sometimes work over my eight hour shift, but the casino does not past the 40 hour mark regardless. Is this legal, even at a tribal casino?
No one should be altering the time clock. I am not sure how they are manipulating the clock in this fashion. Have you talked with the manager or the tribal legal counsel?
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Working more than 8 hours in a shift does not necessarily create a potential claim for overtime. Working more than 40 hours in a work week may create a claim for overtime pay, if you are not exempt from overtime. The Fair Labor Standards Act covers overtime claims and has been applied to tribal employers by some courts.
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