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2 issues.Clocking in and docked pay. California

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  • 2 issues.Clocking in and docked pay. California

    Hi I have 2 questions.. Please let me know if I should post this as 2 threads.. Thanks...

    1. I work in a customer service center, we are required to swipe in and out. If we forget to swipe in, they then log our time in by the time we clock into our phones. The department I work in does not take incoming calls, however, we are required to be "logged in" in our phones. It has happened (to more than one person) that we forgot to swipe in and forgot to log into our phone. A supervisor will come by and remind us to log into our phones, so when we get our time sheets, it will show our start time according to when we log on to our phones. What we would like to know is the time we have been working on issues and we weren't logged into our phones, will we not be paid? (i.e.; I normally start at 7am, I forget to swipe in, and I log onto my phone at 8:30am, so I'm not paid for 1.5 hours, I've been working?)

    2. I was in a management position, and my position was "dissolved", I was able to keep my rate of pay and moved to a different department. I then declined another position of more responsibility. After I declined that position, I was then moved to yet another position and my pay cut by 35%. Our company is dissolving our "senior" team and they have been offered the opportunity to interview for "assistant supervisor" positions, but if they choose not to, they will not lose their rate of pay. At no time, was I ever reprimanded for any reason. Do I have any recourse in this case? Just thought I'd ask.

    Thank you for your answers! It's greatly appreciated!

  • #2
    1. Yes you should be paid for that time. Have you informed anyone that you worked those hours? Keep in mind that your employer can discipline you or even terminate for "forgetting" to log in. You have two methods by which you can do this. If you forget to do either, I suggest you start writing yourself a note and posting it on your phone.

    2. No, you have no recourse. It was very generous of them to allow you to keep the same pay while not having the increased responsiblities while they did. The fact that you turned down other opportunities does not entitle you to keep the same pay as though you accepted them.
    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.


    • #3
      Thank you for your response ElleMD. I appreciate it. One more follow up queation to #2. I was hired at a rate of pay ($17) and I have paperwork supporting my starting rate of pay. When the reduced my pay, they reduced it to $2 less than what I originally was hired at. Is that legal too? Thanks again for your help.


      • #4
        As long as you are given proper notice, you can have your pay reduced all the way down to minimum wage, regardless of what rate you were hired at.
        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.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.