Withhold pay per disciplinary action

[pixid]

For an example if company just started using a time clock system, and employees are forgetting to clock in or out some days, but are there working - with many of people to see that every day - and common people forget to clock in (note: some employees are not required to clock in) are they legally alowed to not pay the employees to make them "remember" as said recently?

I know this reference::: does it apply?
http://www.nj.gov/labor/lsse/select.html#1144

[Pattymd]

The law you referenced in your link does not apply to gross wages, it applies to deductions from net pay.

The federal Fair Labor Standards Act, to which all states must minimally adhere, requires that you be paid for all hours worked (if you are a nonexempt employee) or your full weekly salary (if you are an exempt employee, with minimal exceptions that don't apply here), period.

That would make it illegal to dock your pay for disciplinary reasons. However, they can discipline you in a myriad of other ways, just not by withholding your legally required pay.

If the company will not fix this, you can file a claim for unpaid wages with the state Dept. of Labor.

[CurtJ.]

with a time clock, the only issue is whether you were present. what I mean is that you must be paid for all hours worked. tiime clocks only aid in determining hours worked. but, with a time clock, if not punched in, it raises the issue that perhaps you failed to punch in or perhaps you weren't there. You would then need to prove you were present, if the employer goes this far in their argument. emails sent from work, witnesses, phone messages, etc. prove you were present.

curt j.

[Dougstang]

I have been working for this company for over 5 years. The guy that took over my division, I believe has it out for me. I just got my yearly review for my raise. Basicly it said after 5 years of working there and training everyone in my department, I have no idea of what I am doing. So he put me on a 90 day Probation and decreased my hourly rate from $18.50hr. to $16.50hr. Is this legal.I can see puting me on probation and reevaluating me in 90 days for a raise, but not deceasing my pay. I think he is trying to get me to quit. Incase you need to know I live and work in New Jersey.

[robb71]

In the future, it would be better to start your own thread. This thread has been dormant for nearly a year.

Generarlly speaking paycuts are not unlawful. You must be notified of the new rate prior to working it. Barring an enforceable employment contract or collective bargaining agreement, the actions of your employer are not unlawful.