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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?

Temecula, CA |
Filed under: Employee wages

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?

Attorney Answers 4


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.

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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 without conferring with the Author or other legal counsel regarding your specific situation. No attorney-client relationship is created by this website.

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

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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 only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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