Can an employer withhold pay for not clocking in?
Asked by: Nellie Goldner | Last update: November 24, 2025Score: 4.7/5 (11 votes)
Oftentimes, employers ask if they can dock the pay of employees who fail to clock in or out -- or withhold pay entirely that day. They cannot. Employees must be paid for the exact number of hours they worked, regardless of whether or not they remembered to clock in.
Can a company refuse to pay you for not clocking in?
No. Many employers struggle to get their employees to turn in their timesheets on time and without errors, but wage-payment laws require employers to pay employees for all hours worked on regularly scheduled paydays set by the employer.
Do you still get paid if you don't clock in?
And while it may be tempting to simply dock an employee for work time that they forgot to log, this isn't an option. According to FLSA laws, employers must compensate employees for the hours that they worked regardless of whether they clocked in or out.
Can an employer legally withhold pay?
California employers generally cannot withhold pay as punishment. The state and federal laws require employers to pay employees for all hours worked at their agreed-upon rate.
What happens if I don't clock in at work?
If you worked the hours, then you must be paid regardless of whether or not you clocked back in. The only issue is proving that you worked. If you can prove it, then your employer has no choice. You can likely file a wage claim with your state, or sue the employer.
Can my employer hold my paycheck?
What happens if you work without clocking in?
Working off the clock violates both California law and the federal Fair Labor Standards Act (FLSA). Employers who require or permit you to work off the clock can face a wage and hour lawsuit for back wages and other compensation.
What is the missed punch policy?
The general requirements by the Department of Labor states that employers must pay their employees for the time in which they have worked - this does not matter if an employee forgets to punch in or out - they must be paid.
Can you refuse to work if you haven't been paid?
Legally, you may have the right to refuse work if your employer hasn't paid you, but this can vary by state. Always seek legal advice before taking such actions.
Can you ask your employer not to withhold?
Exemption from withholding
An employee can also use Form W-4 to tell you not to withhold any federal income tax. To qualify for this exempt status, the employee must have had no tax liability for the previous year and must expect to have no tax liability for the current year.
Can a former employer hold your last paycheck?
California law states that an employee who is fired should receive their final paycheck immediately. If an employee quits, then the employer has up to 72 hours to give the employee their final paycheck. But if the employee gives at least 72 hours notice, then the employer must provide the final paycheck immediately.
What happens if you leave work without clocking out?
Failure to clock out at the end of your shift leaves the clock running, which means your timesheet will log hours you didn't work. Say you clocked in at 9.00 am and left work at 5.00 pm. Normally, you'd have worked eight hours. However, since you forgot to clock out, the clock will continue running until the next day.
Is it illegal to get paid for hours you didn't work?
The FLSA sets the number of hours in a workday and workweek and when you are "at work" and "not at work." In general, any time you are under your employer's control, your employer must pay you. This includes on-call time, travel time, and even sleep time.
What is time theft?
Here's a basic definition of time theft: Accepting pay from an employer for hours not actually worked. Time theft occurs when an employee is not working while at work, or they are not at work when they are supposed to be.
Do I still get paid if I forgot to clock in?
According to Fair Labor Standards; employers must compensate employees for the hours that they worked; regardless of whether they forgot to clock in or out.
What is insubordination?
Insubordination is the act of willfully ignoring, disobeying, or refusing to follow direction from an authority figure or group.
Can your boss tell you not to clock in?
California off-the-clock work law doesn't allow employers to get away with this conduct. Employees who work off-the-clock can sue to be paid for the hours their employer refuses to count.
Is it illegal to withhold payroll?
No, a company cannot withhold your paycheck if you quit. California law requires employers to issue the final paycheck immediately for employees who get terminated or resign with at least 72 hours' notice. If you do not provide notice before your resignation, the employer must issue the final paycheck within 72 hours.
Is it illegal to ask your employer to lay you off?
The quick answer is yes, you can approach either HR or your manager about getting laid off. Which one you choose depends on your relationship with both people. If you have a good relationship with your manager and she isn't likely to fire you for asking, then go to her first.
What is a 1090 employee?
Government Code Section 1090 prohibits an officer, employee, or agency from participating in making government contracts in which the official or employee within the agency has a financial interest.
What to do when a job doesn't pay you on time?
If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. The Department also has mechanisms in place for the recovery of back wages.
What is it called when you work but don't get paid?
Wage theft occurs when an employer doesn't pay an employee the benefits they've earned, be it wages or other benefits such as a lunch break; it is illegal. Employees can file complaints against their employers to the Department of Labor and, depending on where they live, the department of labor in their state.
Can an employer withhold pay if you quit without notice?
For example, for employees who quit, California's final paycheck law requires payment of wages within 72 hours or immediately if the employee gave at least 72 hours' notice. If the employee is discharged in California, then the law requires employers to provide any and all compensation due at the time of separation.
What to do when employees forget to clock in?
The FLSA requires the employer to pay their employees for all hours worked, even if the timecard doesn't reflect those hours. To look at a at a practical case, if an employee forgets to clock in and still works a full day, the company must adjust the employee's hours, and pay them accordingly.
What is the new one punch law?
Clause 1 of the Amending Act sets out the two primary purposes in relation to one punch law: To amend provisions of the Crimes Act 1958 to provide that a single punch or strike is taken to be a dangerous act for the purposes of unlawful and dangerous act manslaughter.
What is the punch list period?
Punch List Period means the time provided for Design-Build Team's completion of Punch List Work, which shall be the time between Substantial Completion and Final Acceptance as provided in the Project Baseline Schedule.