hi i work at a pizza place and get paid hourly. throughout the store there are various signs posted saying for instance "if you don't do the dishes well enough, you will be docked one hour" or "if you leave the air conditioner on, you will be docked one hour" etc. they've 'docked' an hour from me once before for leaving the air conditioner on all night but i decided to choose my battles and just let it go. basically they just didn't pay me for an hour that i worked, and this wasn't included on the pay stub or anything. i'm wondering if this is legal. my understanding was that they are allowed to dock your pay if the specific action and consequence are written into some sort of contract (like when you start working there, you sign something that says they are allowed to cut your pay to minimum wage if you fail to do some specific requirement of your job), but that they are not allowed to actually just flat-out not pay you for hours worked or even acknowledge that you worked them. can anyone confirm/deny this or help me out with what i can do? i haven't been docked hours at all except for the one time over the summer; i just want to know the facts beforehand in case it happens again. also please point me to the specific law that applies to this

No, it isn't legal. You must be paid for all hours you work. Period.
I'm not sure I can give you a law that specifically states this, but it is inherent in both federal and state labor regulations.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.13.htm

FYI, you CAN be disciplined for not doing the dishes well enough or leaving the air conditioner on or anything else the employer finds not to their liking; it's just that the discipline cannot take the form of docking your pay.

However, a verbal warning, written write-up, reduction of hours, reduction of pay (going forward only), assignment of unpopular duties, or even termination, would all be perfectly legal.

The above assumes that no bona fide contract exists that states otherwise, which would be highly unlikely in the environment you describe.

FYI, you CAN be disciplined for not doing the dishes well enough or leaving the air conditioner on or anything else the employer finds not to their liking; it's just that the discipline cannot take the form of docking your pay.

However, a verbal warning, written write-up, reduction of hours, reduction of pay (going forward only), assignment of unpopular duties, or even termination, would all be perfectly legal.

The above assumes that no bona fide contract exists that states otherwise, which would be highly unlikely in the environment you describe.

exactly. that is what i thought. changing my wage or refusing to pay for time worked (without any contract signed by me allowing that) is, in effect, changing the contract and conditions that i am working under without my consent or knowledge, after the hours have already been worked.

Well, I'm not at all convinced that you have an enforceable employment "contract" as it is defined by law. But, in any case, the laws in your state do prohibit retroactively lowering an employee's rate of pay (after the work is done).

What's the matter with you? We AGREED that there is a violation of law here.

What's the matter with you? We AGREED that there is a violation of law here.

Look at new posts... this person is posting the same thing at the end of every thread.

Apparently, someone has an axe to grind.

if i could afford a lawyer, i wouldn't be working at a pizza place

if i could afford a lawyer, i wouldn't be working at a pizza place

Good point, mikeymike. ;)

cyjeff, I figured it out after I posted. Guess some people need a life. :rolleyes:

Yeah, but what can ya do?