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re: Employer Docking Salary Pay If You Don't Clock In Or Out

Posted on 6/2/18 at 11:38 am to
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53816 posts
Posted on 6/2/18 at 11:38 am to
quote:

Don't answer the emails and when they ask why tell them you weren't at the office to clock in and out to avoid the fine, they'll rescind the policy quickly

Yep. I had a previous employer do something like this and we all just stopped working overtime from home. It was relaxed fairly quickly
Posted by Geauxtiga
No man's land
Member since Jan 2008
34401 posts
Posted on 6/2/18 at 11:38 am to
quote:

If you’re on salary, why the frick are you punching a clock?
To ensure you're at work.
Posted by DustyDinkleman
Here
Member since Feb 2012
20379 posts
Posted on 6/2/18 at 11:39 am to
They tried this at our office. When we started threatening law suits they quieted down quickly. Especially since 90% of the staff is on contract (which says nothing about reprimand for clock in/out procedures)
Posted by go ta hell ole miss
Member since Jan 2007
14794 posts
Posted on 6/2/18 at 11:39 am to
You should document your time that you are responding to emails or taking calls after hours. It will totally suck to be completely responsible to every minute of that time, but will be a strong way to combat this. And this is the every day life of defense lawyers, so don’t complain about having to document everything.
This post was edited on 6/2/18 at 11:40 am
Posted by RobbBobb
Member since Feb 2007
34403 posts
Posted on 6/2/18 at 11:40 am to
Have you also used up all leave time?

Because my employer just subtracts the time unaccounted for from your leave allotment
Posted by Codythetiger
Arkansas
Member since Nov 2006
30481 posts
Posted on 6/2/18 at 11:41 am to
quote:

Does nothing but hurt morale and decrease productivity IMO...


Oh brother, you sitting in our sales meetings?

We were making on average about 85-105k a month in profit in my little 5 man group.

All these policies got put in place, work weekends, time clock, way we did business and shite went down to me making like 50-60k.

Both my bosses are gone and they kinda laxed up on the regulations. My board sitting at 88,917 in profit for May. I had a sitdown talk with the owner and told him basically you're draining your workforce. I got a double in pay raise, but shite man, that's because if I leave, we are really fricked.
Posted by go ta hell ole miss
Member since Jan 2007
14794 posts
Posted on 6/2/18 at 11:44 am to
quote:

Are operating margins not important? If i work 100 hours on a project that should take 50 I'm bringing way less revenue than is possible. Is this a serious question?


Huh? If you are working 100 hours on a project that should take 50 you are either not educated on the subject and having to learn, goofing off or should have budgeted better. Every single successful person I have ever met in life has to spend more time than expected to work on a project and had to eat that time. It’s part of the learning curve or part of a willingness to go above and beyond.

If this is a regular occurance, you need to get better budget personnel.
This post was edited on 6/2/18 at 11:46 am
Posted by novabill
Crossville, TN
Member since Sep 2005
10810 posts
Posted on 6/2/18 at 11:47 am to
quote:

was managing, and someone refused to answer an email because they weren't at the office to clock in.... I would find someone willing to do so. Pretty simple.



Then you fine them for answering the email without clocking in?
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 6/2/18 at 11:49 am to
quote:

Huh? If you are working 100 hours on a project that should take 50 you are either not educated on the subject and having to learn, goofing off or should have budgeted better. Every single successful person I have ever met in life has to spend more time than expected to work on a project and had to eat that time. It’s part of the learning curve or part of a willingness to go above and beyond.

If this is a regular occurance, you need to get better budget personnel.



That's my point and the reason for salaried employees to track hours. Just because pay doesn't change doesn't mean hours worked aren't important.
Posted by athenslife101
Member since Feb 2013
20645 posts
Posted on 6/2/18 at 11:50 am to
Yeah, I’ve talked with firms that require everyone to clock in and out. It’s not necessarily a pay thing. For finance firms, they want to know who is doing what, when, where, and why.

For consulting firms, they have a specific amount of hours you need to be able to bill to the client every year and they need people to check into client systems to verify that.
Posted by tduecen
Member since Nov 2006
161246 posts
Posted on 6/2/18 at 11:57 am to
I'm on salary and if I forget to clock in/out they will dock me. If I'm late or early they will dock me. Forget those days I'm at work for 10 hours, I was once 5 minutes late and was docked at a 30 minute loss.
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
94007 posts
Posted on 6/2/18 at 11:59 am to
LOL... Wait, you’re clicking in/out, but are salaried?

What?
Posted by go ta hell ole miss
Member since Jan 2007
14794 posts
Posted on 6/2/18 at 12:00 pm to
quote:

Yep. I had a previous employer do something like this and we all just stopped working overtime from home. It was relaxed fairly quickly


Yeah, and it’s your “previous” employer. If you want to build a career with someone you should not just avoid emails or work.
Posted by Dire Wolf
bawcomville
Member since Sep 2008
40807 posts
Posted on 6/2/18 at 12:06 pm to
quote:

If you’re on salary, why the frick are you punching a clock?



Everyone that isn’t a manager at my company has to punch a clock. I am straight commission and still do. It has something to do with the amount of people that are hourly at that given company. We have a ton of road techs and drivers that are hourly

I don’t know the law but that was how an HR lady explained it to me
This post was edited on 6/2/18 at 12:07 pm
Posted by go ta hell ole miss
Member since Jan 2007
14794 posts
Posted on 6/2/18 at 12:06 pm to
quote:

That's my point and the reason for salaried employees to track hours. Just because pay doesn't change doesn't mean hours worked aren't important.


Ah. That’s very fair. I suppose that means budgeting or client expectations have to be better. I understand, and agree, with that position.
Posted by 50_Tiger
Arlington TX
Member since Jan 2016
43534 posts
Posted on 6/2/18 at 12:14 pm to
quote:

Salary


quote:

Clock



Ummm baw these two dont mix like oil and water
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53816 posts
Posted on 6/2/18 at 12:15 pm to
quote:

Yeah, and it’s your “previous” employer. If you want to build a career with someone you should not just avoid emails or work.

I left voluntarily after 10 years but shite like that contributed to it. It shows a lack of employee trust and is generally a sign of bad leadership.
Posted by Codythetiger
Arkansas
Member since Nov 2006
30481 posts
Posted on 6/2/18 at 12:16 pm to
quote:

I'm on salary and if I forget to clock in/out they will dock me. If I'm late or early they will dock me. Forget those days I'm at work for 10 hours, I was once 5 minutes late and was docked at a 30 minute loss.


Ouch

Yeah they aren't charging if we are late... but after inspection of the time clocks, out of 27 employees, only 4 people consistently clocked in and out on time. I was one of the 4.

I got nothing special, no bonus or anything, but you better not miss that clock or they'll charge your arse.

Posted by OptionRight
Down da skreet
Member since Sep 2010
852 posts
Posted on 6/2/18 at 12:28 pm to
Your employer is definately violating labor law. That said, this fact and 2.00, gets you a cup of coffee. Your employer cannot, by law, classify and pay you a salary, then utilize a time clock punch to penalize you for missed time. Time records indicating hours worked over 40 in pay week must be paid at 1.5x your hourly rate. Your employer is basically utilizing the time clock to assure you work 40 plus hours a week without consideration or pay for overtime earned. They can put you on a time clock but they cannot reduce your salary without reclassifying you as hourly and subject to hourly rules. It’s illegal. You AND your coworkers can report to the labor board and have them subpoena time card records and back pay you guys overtime earned. And you will promptly be terminated. But you get your money.

As far as answering emails on weekends, since your company reclassified you from salary to hourly, they changed your weekend status of “waiting to be engaged” to “engaged in waiting” and subsequently owe you pay for that time as well.

Companies will walk on you if you let them. The question you have to ask is this. Do I want to continue to accept this and work here, or do I want to find another job and hold them accountable?
Posted by East Coast Band
Member since Nov 2010
66996 posts
Posted on 6/2/18 at 12:29 pm to
I thought if they make you clock in and out, they could be subject to paying over time.
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