pay docking Missouri

[chulita]

My employer currently uses the rounding rule to calculate time cards. If an employee clocks in 5 or more minutes late she rounds to the next quarter, thus docking up to 10 minutes of pay for each tardy. She also applies the same dock when clocking in from break. Is this legal in Missouri?

[cbg]

What happens if you clock in 10 minutes early? In all 50 states it makes a difference to the answer.

[chulita]

She does not pay employees for clocking in early unless it is "approved".

[cbg]

Then it's not legal. Rounding is permitted, but only if it goes both ways and does not always benefit the employer.

[chulita]

Each employee must clock out daily for at least a fifteen minute break. If they clock in at 20 minutes, 35 minutes one hour and five minutes she rounds to the next quarter.

[chulita]

Is there a website that has legal guidelines on rounding, docking, etc? The penalty for each tardy is dependant on how late the person is, which seems silly.

EX:

Start time: 8:00
clock in 8 to 8:04 round to 8.
clock in 8:05 to 8:15 round to 8:15.

So if an employee comes in fifteen minutes late she does NOT dock additional time but if they are a mere five minutes late, they lose ten minutes of pay.

[chulita]

So, does that mean it is illegal to dock pay for a tardy?

[Pattymd]

No, that's not what it means.

Here's the thing. If the employer rounds to the next highest quarter-hour when they clock IN late, then they must also round to the next highest quarter-hour when they clock OUT late; just as cbg explained.

Also, I take it these are 15-minute "rest breaks"? Any break of less than 20 minutes must be paid per federal law.

[chulita]

CBG mentioned clocking in early, but I see what you mean. In this case the rounding rule only changes for tardies. As far as these breaks go... they are "lunch breaks". Many employers work 4 days say from 8:00 am to 6:15 pm with a clocked out fifteen minute break (unpaid). But if they come back after 20 minutes they are docked for a half hour break.

[cbg]

It is NOT illegal to dock pay for a tardy. If you are due in at 8:00 and you come in at 8:10, you only have to be paid from 8:10.

If you come in at 8:10 you can have your pay rounded to 8:15, IF when you come in at 7:50 you get paid from 7:45.

[chulita]

So it is ok to round 8:05 to 8:15 only if 7:55 is rounded to 7:45. The "tardy" has become completely seperate from the rest of her rounding rules. She uses the 7 down 8 up round for everything except clocking in late. Clocking in at 7:53 goes to 8:00 but 8:05 goes to 8:15.

[Pattymd]

That is correct.

However, as I previously stated, any break under 20 minutes MUST be paid; a bona fide meal period must be at least 20 minutes and you must be relieved of all duty during that time; if not, the time MUST be paid, even though the employer intends you to eat your meal in that 15-minute break.

[cbg]

Patty's response refers to breaks ONLY, not to clocking in/out at the beginning/end of the day. As an example, if you clock in 15 minutes late when you first arrive in the morning, they do not have to pay you for the 15 minutes.

[chulita]

Right I get that. So these fifteen minute breaks... they must be paid by the employer? What if it is in a contract or policy manual?

[cbg]

Neither a contract nor a policy manual can override Federal law. Federal law says that breaks of under 20 minutes must be paid; your employer cannot have a contract or policy that violates the law.

NOTE: they may still require that you clock in and out so that they can make sure you are not overstaying your breaks; they just have to pay you for the time.

[chulita]

About these laws.... where can I find these laws? I have been searching, and this site has been very helpful in answering my questions.

[chulita]

It is also not legal for them to dock 30 minutes pay for a 20 minute break?

[Pattymd]

Originally Posted by chulita

It is also not legal for them to dock 30 minutes pay for a 20 minute break?

No, it isn't.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.18.htm

I recommend at this point, you stop grasping for the proof yourself, and file a claim for unpaid wages with the state Dept. of Labor and let them do the investigation. It's free and that's what they're there for.

[cbg]

Everything we've discussed here is contained in one law; the Fair Labor Standards Act, which is the primary law regarding wages in this country. You can enter FLSA, Fair Labor Standards Act, or Fair Pay Act (which is a recent updating) into your favorite search engine and probably find more information than you want.

[chulita]

Thank you kindly.