RandieM 02-10-2008, 06:02 PM Can anyone tell me if it is legal to give an employee a scheduled time to be to work, such as 7:00am and if that employee don't clock in by 6:55 then the company can dock you 30 minutes. I have run into this issue and I can't believe that it is legal to dock person 30 minutes for not being exactly 5 minutes early. If this is legal then this state has serious labor law problems. Please let me know if anyone has ever heard of this. If this is not legal where should I turn to as far as the law?
panther10758 02-10-2008, 06:18 PM I cant say if in your state thats legal however the solution is to show up on time.
Assuming that you are a Non-Exempt employee, then under federal law (FLSA), you must be paid based on actual hours worked. If you violate a company rule (such as being late) you can be fired, but your employer cannot legally refuse to pay you for actual hours workes (subject to rounding, but what you describe is not rounding). The normal solution is to file a wage claim with state DOL but your state is not my state and I have no idea if your state even has a DOL (some states do not). The remaining actions are a federal DOL action and court action.
Exempt employees are mostly not paid on actual hours worked, so this mostly would not be an issue for them.
Betty3 02-10-2008, 10:17 PM La. does have a DOL.
La. Dept of Labor
1001 N. 23rd St.
Baton Rouge, La. 70802
225-342-3035
RandieM 02-11-2008, 02:56 AM Panther, maybe I didn't make myself clear. I am at work on time as far as the time I was told to be there when I started, which was 7:00am. Now after working here for months, now they are telling the workers we have to be clocked in by 6:55am. The head guy told us if we clocked in at 6:56, 6:57, 6:58, or 6:59 we would be docked 30 minutes of pay. I could understanding docking me for the time I was late, if I was, but 30 minutes when technically according to the time I was told to be there when I started, I am not late. 7:00 to 5:00 means just that. Not being there earlier or you are docked the time seems a little strange and unfair to me. Does anyone else have a suggestion of what I could do to find out if this is legal?
Thank You So Much!
Pattymd 02-11-2008, 03:54 AM You've already been told it isn't legal. Read DAW's response again.
And yes, Betty3, they do, but they wouldn't handle this particular situation; their mandate is quite limited.
http://www.laworks.net/faqs/FAQ_LouisianaLaborLaws.asp#answer_5
OP, the above link gives you your options for recourse.
Legality of the pay issue aside, if the employer wants you there at 6:55, then you get there at 6:55. While he cannot dock you in the way you describe, he can, legally, fire you for not being there when he wants you there, and if he wants you there before 7, then you get there before 7. If he wants you there at 6:55, then you ARE LATE if you get there at 7.
RandieM 02-28-2008, 02:32 AM I have talked around about what I have found out here. NOw I'm being told that the workers think it is legal because we get to leave at 4:55 to make up for the 5 minutes he makes us get there beofre our time starts. But like I said he docks us 30 minutes if we are 1 minutes pass the 6:55. Our normal pay does not start until 7:00. So now is it legal since we are let go at 4:55?:eek:
Pattymd 02-28-2008, 04:18 AM No, it still isn't legal.
Betty3 02-28-2008, 04:48 PM The workers are incorrect on the info you posted - it isn't legal.
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