If I forgot to clock in, can my employer pay me hours owed on the next paycheck or do they have to give me a manual right away?

I worked 80 hours in a pay period but forgot to clock in and out one day. My employer will not pay me the 8 hours until the next pay period, is this legal?

Temecula, CA -

Attorney Answers (4)

Neville Francis Fernandes

Neville Francis Fernandes

Employment / Labor Attorney - San Francisco, CA
Answered

No, they must pay you for all hours that they know you were under their control at work. Just because you failed to clock in is irrelevant. If they know that you worked that day then they have to pay you.

If they don't then you can get penalties plus the unpaid wages though the penalties likely would not amount to a lot since this was a relatively minor infraction during one pay period only. However, if they do this a lot then it can add up to a lot more.

James Yunhao Wu

James Yunhao Wu

Employment / Labor Attorney - Walnut Creek, CA
Answered

I agree with the answer already provided. I do want to add, however, if your employer requires that you clock in and out daily, your employer can discipline you for not clocking in and out properly. They still need to pay you for you work, but they can reprimand you, write you up, or take other disciplinary action.

Information provided on this website is not legal advice, nor should you act on anything stated in this article... more
Samuel G Lockhart

Samuel G Lockhart

Business Attorney - Murrieta, CA
Answered

Demand that you be paid immediately and do it in writing.

Neil Pedersen

Neil Pedersen

Employment / Labor Attorney - Irvine, CA
Answered

You have received three legally correct answers. Please be sure to consider the impact of taking a hard line legal approach might have on employee-employer relations. It is good to know the law, but it is also good to understand that asserting hard and fast legal positions can result in retaliation that can never be proved and could have long-term consequences to you.

It is unlawful for an employer to retaliate against an employee who complains about a violation of the Labor Code. However, having a lawsuit that might be hard to prove is often a very poor alternative to a regular paycheck. FYI.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.