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Does this sound legal for salaried Exempt Employee Maryland

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  • Does this sound legal for salaried Exempt Employee Maryland

    This was an email sent out to all employees. Keep in mind we all get paid for 40 hours - even if we work 50. We do not get any comp-time for over 40 hours whatsoever. Unless you work less than 40, then you have to take it out of your vacation time.

    Verbatim:
    Effective immediately, any time card without a punch in or punch out time will have 1 hour of time deducted on the 1st official warning. Every time thereafter the time will increase by 1 hour for each additional written warning. Time cards are of great importance. If any employee is missing time, they will need to contact me to have the time card signed before they will receive pay. All employees should punch in when they are in either location. If you are traveling to another store, you should get a new time card and punch the card in and out. If you go on the road, you should write “on the road” on the card and then punch in as soon as you come into the office. When you leave for company functions, you should punch out. Please let me know if you have any questions regarding this issue.

    So - just to be clear - I want to know if it is legal to dock pay 1 hour for forgetting to punch in or out. There are only 4 of us here, so if you were late - the manager already knows it!
    Last edited by annleo11; 07-01-2008, 04:56 AM.

  • #2
    "Deducted" from what? Your paid salary or your PTO balance?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      This is to be deducted from the paycheck for that week.

      FYI - I doubt this has much to do with me - as I open up everyday and am very anal about punching in/out. I think other employees are at fault for this email

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      • #4
        I am not quickly finding the exactly federal DOL opinion on the subject, but I am pretty sure that federal DOL would consider such an action to risk the Exempt status. Any employees this happens to should file a wage claim for unpaid overtime.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Deducting an hour of pay would not be legal. Deducting an hour of PTO would be.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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