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Linda_Irene
10-21-2007, 02:59 PM
I am wondering if there are ANY instances when it is legal for an employer to dock an employee's time and what the laws are regarding the payment of actual time worked. For example, is it legal for an employer to ROUND the time BACK to the nearest quarter hour?
THANKS FOR YOUR HELP!
Linda

cbg
10-21-2007, 03:16 PM
The answer has not changed since I answered you on the other forum. Until your employer ACTUALLY docks someone's pay, he has not violated any laws.

There are instances when it is legal to dock an employee's pay but not under the circumstances you described in your other post.

Linda_Irene
10-21-2007, 03:29 PM
The answer has not changed since I answered you on the other forum.

Well, isn't THAT pleasant? :D I DID ask the same question in another forum AND was given THIS link and told to look here for more information.

Basically, I have learned that if you ask a question, you are subjecting yourself to pretentious and rude responses mixed with a little help. Time cards HAVE been docked. I am simply wondering what my rights are.

This has not been much help... but a learning experience none-the-less. I have learned to not post questions when I am sincerely and simply looking for help. If, at some point, I am looking for a fight or some unmerrited abuse, I'll post. :)

cbg
10-21-2007, 03:34 PM
In the other post you said that you had not been docked.

When and if you are, then you can file a complaint with the state DOL.

Until that time, there has been no violation. Saying that they will dock you does not violate any laws or any of your rights.

Linda_Irene
10-21-2007, 03:45 PM
Actually, I said, I have not been late. I HAVE in fact been docked and my co-workers have as well. My timecard has also been rounded back.

I simply asking if there is a way that they are within their rights to dock my time.

cbg
10-21-2007, 03:56 PM
Sorry, I misunderstood.

But I thought I'd been clear - maybe I was not. Under the circumstances you describe, they CANNOT dock your pay. There are circumstances under which it would be legal to dock an employee's pay, but the ones you have described is not among them.

You can file a claim for the unpaid wages with the state DOL.

DAW
10-21-2007, 05:06 PM
Non-Exempt employees (assuming that is what you are) are paid based on actual hours worked. The federal rounding rules are shown below. Legal rounding must work in both directions using exactly the same increment. Rounding if done legally is a small change to "pay based on actual hours worked" rule, that must be done consistently in both directions (not only in the employer's favor).

Like CBG says, if your employer is failing to pay you for actual hours worked (and you are Non-Exempt), then file a wage claim, probably with your state's DOL.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.48.htm

Linda_Irene
10-21-2007, 09:25 PM
Thank you for some help. The link is helpful too. I am a non-exempt employee. My employer tells me that they round back to the quarter hour as a rule because rounding up was costing them too much money. Guess my pocket is easier to take from.
I appreciate the helpful responses I received. The other comments I will chalk up to lessons learned and cancel my membership to this and the other forum as well.
Blessings...

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