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

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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.

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Take it a step further...

If "On Call" is required they are required to pay for that by law. Start billing them.

ETA: A couple years after I left one company in Tulsa someone called D.C. and sicc'd the Labor Board (Dept. of Labor, Bureau of Wage and Hours) on them. They had been paying salary, claiming on paper everyone except secretaries were VP's of the company. Logging onto your work PC to do work was the "timeclock" but they really had no problem with paying for those who finished assignments early, just no OT once they started weekends and nights stuff. Some of my former co-workers got 6 figure checks and the company had to also pay the income taxes on those monies too since they went back 3-5 years on the company books(not "fair" to make employees refile years of tax papers etc.).

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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.

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Yeah it's confusing, but I'm not sure if it's a grey zone or what...

and mind you guys, I'm not the person in the office who's getting charged, though I have been, I'm just wondering if this is illegal. My controller said it was legal to do to commissioned employees.

I understand them wanting to make sure we are there, but if that's the case, then just pay me hourly... because I already work 50 hours a week.

and I have to see that on every paycheck that I'm working 100 hours every 2 weeks for a base salary, which upon verbal agreement I was told I would be working from 40-45 hours a week. Now that we had so many ppl quit in a short time frame, of course my workload has increased exponentially, thus me having to come in earlier and stay later and also work from email at home and phone calls during after office hours and spend more time with customers

Salary...Punch a time clock?

Sounds like you aren’t really salary, and you get shite on by not earning OT.

If they keep treating you as non exempt, and you actually do have "overtime" your classification has now become non exempt and they owe you the back overtime. They can say you are exempt all they want, but if they treat you as non exempt (docking pay against the rules, etc.) the law is on your side.

There are plenty of reasons to track hours, even if salary. It should not, however be a determination for how much you’re paid is not one of them.

Use it to your advantage. I was working at a project that had a gate. We got a new a-hole supervisor that decided everyone was reporting time sheets correctly, so he checked the gate time. They ended up paying out more overtime as a result. He stopped that shite. OP. Clock in early Monday and get your hours in by Wed.

I’m so happy I’ve never worked in an office or somewhere I had to clock in.

This is not legal. They can take away time if you clock in before or stay later unapproved. For example, you are scheduled at 8am and clock in at 7:55pm. They can take away that five minutes.

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I don’t have a problem at all with this. I know salaried employees abuse the shite out of this where I work. 2 hour lunches, leaving to go pick up kids from school, then coming back, or just not coming back at all, grocery shopping in town during work hours, leaving “just” 15-30 minutes early on a fairly regular basis. I know salary where I work is based on 40hrs/week. And no, I can promise you, they’re not “making it up” by working over. At 4:30, it’s a ghost town

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I routinely work 33-34 hr weeks when we aren't busy. I also routinely work 50 hour weeks when we are. My boss doesn't gaf if I leave at 2pm on Friday or work 8:15 - 4 as long as I get my job done.

He also knows that he can call me at 2am or on a Saturday and I'll answer and help out. I don't check email after hours unless I'm on call though. Call or text me. Screw checking email 24/7. It's like being at work all of the time.

I'm considering not clocking in at all for the rest of the month. It's 10$ per missed punch or a day, I'm not really sure. But for a 20 day work month. That's anywhere between $200-$800 a month off your check.

That's crazy and idc how you slice it