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Posted on 6/2/18 at 4:36 pm to tduecen
quote:They can certainly discipline you if There's a pattern of you doing this.
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
But it is illegal to not pay you for hours worked. Of course you may not be able to prove you worked these hours if you don't clock in, just saying as a policy that is not legal.
Posted on 6/2/18 at 4:37 pm to Codythetiger
Cody you still with that pretty little thing you showed us pics of?
Asking for friend
Posted on 6/2/18 at 4:46 pm to shel311
I'm a teacher, we have to document everything. I have to clock in and out every day. They see the hours I work 50+ and the hours I leave on time and finish at 36. 
I've been docked once because I woke up late after my power went out.
I've been docked once because I woke up late after my power went out.
Posted on 6/2/18 at 5:47 pm to TigerstuckinMS
quote:
Of course, they can start suspending you full days without pay for failure to follow workplace conduct rules and then they will no longer be engaged in illegal practices. (I assumed you were docked portions of a day).
but it says "or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions."
suspensions != docking pay. suspension = at home without pay and without work
Posted on 6/2/18 at 5:52 pm to Codythetiger
quote:
Just curious here guys from a legal standpoint. If you earn commissions and are on salary, can an employer dock your pay x amount for each missed punch on the time clock?
The employer can set hours that you are required to be in the office and make you document them, AND reprimand or fire you for not adhering to them.
The employer can NOT alter your compensation for falling short of those hours. If they do, you are, in reality, a non-exempt employee and are entitled to compensation for every hour you are working, including work they expect you to do on nights and weekends. Unpaid time must be time completely free from duty.
This post was edited on 6/2/18 at 5:55 pm
Posted on 6/2/18 at 5:59 pm to bmy
quote:
but it says "or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions."
suspensions != docking pay. suspension = at home without pay and without work
I'm aware of this. That's why I highlighted the pertinent part of the wall of text I got from the Dept. of Labor. This is also why I said "Of course, they can start suspending you full days without pay for failure to follow workplace conduct rules and then they will no longer be engaged in illegal practices."
This post was edited on 6/2/18 at 6:01 pm
Posted on 6/2/18 at 6:08 pm to TigerstuckinMS
The only have to pay minimum wage. If you they are docking you and your wages fall below minimum wage you have a case if not then you should clock in on time.
They are trying to stop time clock fraud with that policy.
They are trying to stop time clock fraud with that policy.
Posted on 6/2/18 at 9:50 pm to FLBooGoTigs1
quote:
FLBooGoTigs1
Posted on 6/2/18 at 10:08 pm to Evolved Simian
OP would do well to heed the advice of the Simian and TigerstuckinMS.
Then call the duty officer at the Wage/Hour Office of the DOL.
Then call the duty officer at the Wage/Hour Office of the DOL.
Posted on 6/2/18 at 10:08 pm to Geauxtiga
quote:
To ensure you're at work
Are you getting paid to be present in a seat or to complete your work? If my work is getting done then guess what...I’m at work. frick a time clock lol
Posted on 6/2/18 at 10:23 pm to TigerstuckinMS
But its unlikely they would do this because if he isnt at work his job isnt getting done like it should be
Posted on 6/2/18 at 10:25 pm to TigerstuckinMS
In the medical field you have all sorts of people on salary that clock in and out. And get docked if short 40 hours. They just dont get paid overtime.
Posted on 6/2/18 at 10:35 pm to jeffsdad
A salaried employee isn't paid OT, nor should he/she be required to "punch a clock". That's stupid. What's the point of being salaried? May as well be hourly and receive the benefit of getting OT.
Posted on 6/2/18 at 10:39 pm to RealityTiger
I'm sure an attorney would love to review these practices for a class action suit.
You will probably want a different job lined up, though.
You will probably want a different job lined up, though.
Posted on 6/3/18 at 6:32 am to RealityTiger
My 40 year argument.
Posted on 6/3/18 at 8:27 am to Codythetiger
There’s no such thing as being on salary but having to clock in and being fined if you don’t. You are either on salary, or not. The American legal system doesn’t recognize a hybrid model like your employer wants to establish. They can make you clock your hours and then FIRE you for not working enough, but they can’t dock your pay if you are an exempt employee. I worked with a lady who wrote insurance to cover employers for Wage & Hour issues like this. If you report them, the government will supoena the records, reclassify you as hourly, and you will be due a ton of back overtime pay. Of course, then they’ll fire you, but you’ll get a lot of walking away money.
This post was edited on 6/3/18 at 8:37 am
Posted on 6/3/18 at 9:07 am to Codythetiger
Why would a salary employee be clocking in?
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