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If you clock in and clock out then at the end of the pay…

Customer Question
If you clock in...

If you clock in and clock out then at the end of the pay period your time have been changed to an even 40 hrs. Is that legal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Va.

Lawyer's Assistant: Has anything been filed or reported?

I do not know

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No Just wanted to know if this was legal

Submitted: 6 months ago.Category: Legal
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Answered in 1 minute by:
1/8/2018
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

So, the answer to your question generally is no, it's not legal to change someone's hours. A person must be paid for all hours worked in your state, as is the case in all states in the U.S. If the landlord changes your hours to a lower number, then this is going to be a violation of your state's labor laws and probably a breach of contract by the employer as well.

You may want to consider a complaint with your dept. of labor and you may want to consider suing for breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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