Clocking someone else out?

Is it legal for someone to clock out an employee before the employee has completed his or her work for the day?

Posted 01-09-2013

Steve Duggan replies:

It is not legal under the Fair Labor Standards Act or most state laws for a manager or supervisor (I don’t know who else would do that) to clock out an employee before he or she has finished for the day, if the employee is not then paid for all the time she worked. Having employee(s) work off the clock, for whatever reason, is a sure way for an employer to get in trouble with the United States Department of Labor. If a manager tells an employee to not work past a particular time and the employee does, the only remedy for that is some form of discipline, up to and including termination, but the employee still has to be paid for the work that they performed allegedly without authority.


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.