Unpaid Wages Legalities

Summary

The user, a caregiver in Pennsylvania, forgot to clock out for 9 days but continued to work her usual hours. Her employer refused to pay for these days, citing a policy of accepting only two timesheets per week for corrections. The user was advised that under the Fair Labor Standards Act, employers must pay for all hours worked. She was encouraged to file a wage complaint with the Pennsylvania Department of Labor & Industry and to seek advice from a labor attorney.

Full Conversation

Hello. I work as a caregiver in Pennsylvania. This last week or so ive been forgetting to clock out. i still got up every morning to clock in and stay with my mom all day long. She had * appointments last week later in the afternoon so we didnt get home till way later than my clock out time. Can they really legally not pay me for 9 days of work?
Did you inform your employer about the situation and what was their response?

In general, under the Fair Labor Standards Act, employers must pay for all hours worked, including overtime.
they told me
What exactly did your employer tell you regarding your situation?
they can only accept * time sheets a week for corrections. I said “ so im not getting paid for 9 days?” She said correct
What is the name of your employer? Under the Fair Labor Standards Act, employers must pay for all hours worked, including overtime. If you're in Pennsylvania, you can contact the Pennsylvania Department of Labor & Industry for further assistance.
PARAGON HOME
What is the exact location of your workplace? This will help me provide you with the contact details of the nearest court or labor department.
CARE
What is the exact location of your workplace? This will help me provide you with the contact details of the nearest labor department office.
* Frankford Ave, Philadelphia, PA *
What are the usual working hours you agreed upon with your employer?

For your location, the nearest labor department office is:
PA Department of Labor & Industry, * North 8th Street Suite *, Philadelphia, PA *, Phone: *-*-*.
8am-4pm
Did you work beyond your agreed hours (8am-4pm) on those 9 days?
No. I just forgot to clock out.
Did you work the same hours (8am-4pm) even though you forgot to clock out?
yes
What steps have you taken so far to resolve this issue with your employer?
ive called and spoke to my case manager and HR they transferred me i guess to the bug boss and both times im met with “ she’ll call you back” its been two days
Have you documented your work hours and the conversations with your employer regarding this issue?
ive worked * hours for the last 5 years
Did you keep any proof of your working hours, like emails, messages, or any other form of communication?
no. but i have tax forms? I have the conversation my case manager saying she couldnt pay me
What was the exact content of the conversation with your case manager?
am i able to send you photos?
I'm sorry, but as a text-based service, I'm unable to receive photos. Can you please describe the content of the conversation with your case manager?
Okay so. Last week i sent in time sheets she told me the backpay would be deposited into my account Wednesday or Thursday. I didn’t receive anything so I called OK. I asked her if there was any more timesheets she needed from me. She told me yes I didn’t clock out all last week about five after seven days. I told her I’ll be honest I did forget to clock out and I made a point to say that I was attending appointments with my mom who is the patient so I got home late. She told me she would talk to her supervisor, which is normal, but then she tells me, the supervisor won’t put won’t fix the shifts
Did you sign any agreement or contract with your employer regarding the clock-in and clock-out policy?
That I’m not sure I would have to find the paperwork however, timesheets were never an issue until recently. They said they can only except two but in the five years I worked with different companies. It’s never been a problem to have more than two timesheets.
Did you receive any written communication from your employer stating that they will not pay you for the 9 days?
no just the text messages
What do the text messages say exactly about not paying you for the 9 days?
I said “ so do i not get paid?” And she said this …
What exactly did she say in response to your question about not getting paid for the 9 days?
“ Yes for 5 days. I’m sorry. I tried to explain to her what happened. Please try to clock out each day even if it’s late after 4p. If you ever need to adjust the schedule to later hours, please let me know. I can make it more flexible for you ”
Did you work those 5 days for which your employer agreed to pay?
yes
What steps have you taken so far to resolve this issue with your employer?
and 4 days the previous week
Did you receive payment for the 4 days you worked the previous week?
im here talking to you
What was the response of your employer when you informed them about the 4 days you worked the previous week?
no
What steps have you taken so far to resolve this issue with your employer?
like i said im trying to talk to “ the boss” but she isnt getting back to me
Have you considered filing a wage complaint with the Pennsylvania Department of Labor & Industry?
i was sure what to do thats why im
Have you considered filing a wage complaint with the Pennsylvania Department of Labor & Industry?
Here
Have you considered filing a wage complaint with the Pennsylvania Department of Labor & Industry?
i will do that now. Is that my best option?
Yes, filing a wage complaint with the Pennsylvania Department of Labor & Industry is a good step. They can investigate your claim and potentially help you recover unpaid wages.
what else can i do now to
Have you considered seeking advice from a labor attorney? They can provide guidance on your rights and potential legal recourse.
help myself.
You could also document all your work hours and conversations with your employer. This could be useful if you decide to consult a labor attorney.