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Michigan job taking pay for forgetting to clock out Michigan

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  • Michigan job taking pay for forgetting to clock out Michigan

    My employer has a policy for not punching out that you receive a half point on a point system. Last week however they stuck a piece of paper by the timeclock that says they will be taking 30 minutes off my paycheck. Is it in any way legal?

  • #2
    Short answer is not legal. Federal law (FLSA) determines what is hours worked. The related regulations are 29 CFR collectively.

    Longer answer is a little more complicated. There are legal steps a smart employer can take to accomplish the same thing. Lets say that if I had wrote the policy, I would have instead messed with rates on a go forward basis. The feds care very much about hours worked. They care not at all about rates in excess of MW. States care a little more, but as long as there is a coherent policy on a go forward basis, it can be done legally. I worked at a place where they deliberately lowered the rates on all hourly employees, but put in a non-descretionary bonus based on other things perfect attendance for the week. Lets say that Bob normally gets $10/hr. Lets say that I am in state that follow the federal MW of $7.25/hr. I can retroactively change Bob's rate to $7.25/hr, with a non-discretionary conditional bonus of $2.75/hr based on attendance and other performance factors.

    I can accomplish the same thing your employer is trying to do without actually breaking any laws. But messing with hours worked (generally) risks breaking federal and maybe MI law. It is a dumb action for any employer to take, and it is an unnecessary action for any employer to take.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      While I do not disagree with a single word DAW has said, there is a very simple solution to your problem going forward; Punch in and out properly.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        Try not to forget to punch in & out. Problem solved.
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