Usually, an employer cannot just erase hours you actually worked because they believe you were not productive. Federal wage law generally requires employers to pay nonexempt employees for all time they are required to work. However, the answer can depend on what the employee was doing during that time and whether the time was actually compensable.

For example, if you were clocked in and performing work for your employer, the employer generally must pay you for that time even if they later decide your performance was poor. An employer can usually discipline or even fire an employee for not following work rules, but that is different from refusing to pay legally required wages.

The situation can get more complicated if you were clocked in but doing personal business or working for another employer. If you were completely relieved from your job duties and were free to use the time for yourself, that time may not be considered working time under the Fair Labor Standards Act (FLSA). But an employer generally cannot avoid paying for time simply by changing the time record after the fact if the employee was actually performing work or was required to remain on duty.

What if the employer says you were doing outside work?

If an employer has video showing an employee doing outside work while on the clock, the employer may have a legitimate reason to discipline the employee for violating company policy. But discipline and wages are two separate issues.

The employer still needs to follow federal and state wage laws when determining what time must be paid. Employers are also generally responsible for keeping accurate records of employees' hours.

If you believe your paycheck is missing hours, keep copies of your time records, schedules, pay stubs, texts, emails, and any other evidence showing when you worked. Do not change or delete your own records.

What should you do if your employer refuses to pay?

Start by asking the employer, best if in writing, which hours they are removing and why. Check your timecard against your paycheck and keep a record of the disputed hours.

Also remember, being fired or disciplined for working on personal business while on the clock does not automatically mean the employer can legally withhold wages that are owed. Whether the disputed time must be paid depends on:

• What you were doing
• Whether you were required to remain on duty
• Your employee classification
• The applicable federal and state wage laws

If the issue is not resolved, you may be able to file a wage claim with the U.S. Department of Labor or your state labor agency, depending on the circumstances. State law may provide additional protections beyond federal law. You can also contact an employment attorney if you want help.