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punching in and out Pennsylvania

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  • punching in and out Pennsylvania

    I hope that someone out there has an answer for me. At a meeting yesterday, my employer informed us that if he asks an hourly employee to be cut early and that employee doesn't want to be and wants to work there scheduled shift, he (the employer)has the right to punch them out himself. Also, he (the employer) has the right to make an employee stay after there scheduled time if need be. Isnt this a violation of Pa. labor law ? Thank you

  • #2
    Not at all.

    It is up to the employer, not the employee, what hours an employee works. (This is the case in all 50 states.) If the employer says, go home, the employee's ONLY OPTION is to go home. Nothing in Federal law, Pennsylvania law, or the law of any other state gives the employee the right to stay anyway.

    Additionally, no Federal law, Pennsylvania law, or the law of any other state gives the employee the right to leave when the employer says, Stay.
    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
      Wow

      Thats very interesting. I just want to be very clear on this point. Your saying that if an employee is scheduled until 3pm. and the employer wants that employee to stay until 4 pm to do something else, the employee must stay regardless of any prior notice ? Or face points, a write up, etc..? In addition, I always assumed that no one has the right to change your time (time clock) other then you (the employee) without written/oral knowledge. No ? Thank you for your time.

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      • #4
        If the employee is scheduled until 3, and the employer wants him to stay until 4, the employee stays until 4 or risks disciplinary action.

        If the employee is scheduled until 3, and the employer wants him to leave at 2, the employee leaves at 2 or risks disciplinary action.

        All the law requires is that the employee be paid for all the time they actually work. No law dictates who can and cannot handle the time cards.
        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
          Thank you

          Boy was I way off the mark. Thank you very much. You have cleared up a lot of misgivings. Although, since i was sure i was right- i lost a $50.00 bet. But because of your help - I am not as naive and will not loose another one. Thanks again !

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          • #6
            Originally posted by bjolly155 View Post
            i lost a $50.00 bet. But because of your help - I am not as naive and will not loose another one
            Nope, you won't, because you will check here first, double the amount on the table and recoup your loss from this one instance.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              Originally posted by ScottB View Post
              Nope, you won't, because you will check here first, double the amount on the table and recoup your loss from this one instance.
              Remind me never to play cards with you.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                I went to work and told a floor manager of mine what the answer was and she brought up a very good point. What's the use of a schedule or a time clock if there is nothing to protect it ? And who is to say that if the Gm wanted to he could clock you out while your still technically working and you wouldn't even know it. Maybe you will find this silly but i thought it was thought provoking.

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                • #9
                  There isn't a law to prevent a lot of things. If you were not paid for all the hours you worked you could still file a claim with the DOL. The fact that the time card was punched 3 PM would not necessarily override an employee and witnesses that state the person worked until 4. That however, is a very very different animal than the supervisor telling the employee to work until 4.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    An employee has to be paid for all the time they actually work, so a boss who tried to get out of paying you by clocking you out while you were still working would be in violation of the law.

                    If your GM doesn't see the point to schedules since the law does not prohibit changes to them, she is free to try to manage without a schedule and see how well it works.
                    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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                    • #11
                      Originally posted by bjolly155 View Post
                      What's the use of a schedule or a time clock if there is nothing to protect it ? And who is to say that if the Gm wanted to he could clock you out while your still technically working and you wouldn't even know it.
                      The time clock makes it easier on the employer to track the hours, as they are legally required to do. Let's say that some idiot clocks you out a minute after you arrive every day and the company, at the end of the week, pays you five minutes for the 40 hours you work. That won't fly.

                      Flip side, you fail to clock out and the time keeping system shows you worked 32 hours straight. Do you expect the company to pay that, even though you only worked 16 hours?
                      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                      Comment

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