Hello I work in a computer lab at a university. When we come to work there is a book that we have to sign in when we come to work and sign-out when we leave work. One day I forgot to sign-out in the book so when I came to work the following day I noticed the error and I sign-out. However my boss had already made a mark in the book showing that I had not signed out that particular day.

When we first started the job we did sign a contract that says we may not get paid if we fail to sign in-out for our shift. However does federal or North Carolina law supersede this contract and require my employer to pay me for the time I worked.

At my job I am the only person that works that shift and it’s obvious that I did indeed work so he cannot say that he doesn’t know whether I did or did not work.

If the answer is Yes. What actions do you recommend I take so that I will be compensated for the time I did in fact work. :D


I live in Winston Salem, North Carolina

It is not legal to refuse to pay someone because they didn't sign out. However, that person could be subject to disciplinary action, such as termination, for not following an employer's directive.

In order to get your money, you should file a claim with North Carolina Wage and Hour Bureau. You can read more about that bureau at: http://www.dol.state.nc.us/wh/wh.htm

It is not legal to refuse to pay someone because they didn't sign out. . .

So the clause in the contract that specifically stipulates this cannot be enforced by our superior because the clause itself is not legal. Correct?

Yes, that is correct, under both federal and North Carolina law. Keep in mind, however, that not all forced deductions are illegal. If the person caused damage to the employer, it could be seen as a legitimate deduction. However, in most cases, not clocking out will not cause such damage.