PDA

View Full Version : not paid because forgot to sign out Michigan


Lvgonadream
03-11-2007, 07:25 AM
I know the answer to this, but does anyone have the citation on it? My daughter works at a restauarant in the kitchen. She recently pulled a double, was dead beat tired when she left and forgot to sign out. The owner's policy is if you don't sign out there's no way ever you are getting paid for that time.

I did read thru the other posts here and saw that not signing out is not a valid reason for not getting paid. But as I said I need "chapter and verse" on this subject.

The GM, aside from being a relative, is also very hard headed and unless I can provide him the law in writing he won't listen. There were numerous other labor laws broken this day, such as a minor working more than 8 hours in a given day as well as allowing a minor under 16 to operate equipment as she ran the whole kitchen by herself. But not getting paid for over 12 hours work on a Sunday no less (school the next day) really bothers me.

Any help appreciated,
Thanks

cbg
03-11-2007, 08:51 AM
You're not going to find a law that says, "if you forget to sign out you still have to be paid". But the Fair Labor Standards Act says that you have to be paid for all the time that is worked. There are NO circumstances in which an employee can work without being paid for it.

Your daughter can be disciplined or even fired for forgetting to sign out; it's just that the discipline cannot take the form of not being paid.

BTW, your daughter's employer has NO legal obligation to talk to you or anyone else except your daughter about this. Even if she is a minor, she should be the one to take this up with him, not you.

If he still refuses to pay her, she (not you) can file a complaint with the state DOL for unpaid wages.

Michigan labor Law Posters
Comply with Michigan regulations with one Complete Michigan Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.