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forgot to clock out Maryland

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  • forgot to clock out Maryland

    I am a bus girl at a steak house/oyster bar in maryland and its my first job. I've been working there for about 2months every friday and saturday night from 4-close. 3 weeks ago on friday i clocked out but did not declare tips because i was not tipped out that night. The next night i worked (sat) i recieved my tips but forgot to clock out. The owner of the resturant (who has a history of being extremely unprofessional and cheap!) told me the next pay period that he could not pay me for that whole weekend of work for not declaring tips and forgetting to clock out. Can he legally do that?

  • #2
    No, he can't. He can warn you, write you up or even fire you, but he has to pay you for all the time you actually worked.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      What should I do?

      Do you have any advice on how I should handle this?

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      • #4
        You can file a complaint for unpaid wages with the state DOL, or whatever MD is using for a DOL these days.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Yeah, cbg, the Maryland DOL is funded again and back in business. However, the backlog is tremendous.

          OP, there isn't a violation until the pay day comes and goes without your being paid for those hours. When is the paycheck for that week due?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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