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MA - Docking Continues

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  • MA - Docking Continues

    Hi. I have a question about docking actual working hours. I'm hourly, non-exempt. Two scenarios if I may:

    1. 1.5 hours spent troubleshooting; unsuccessful and couldn't get the equipment running. Senior Tech says "get out of there and I will get over there on Monday" (this was on a Friday). Taking from a previous company meeting where "no fix-no charge" was discussed, I did not charge the customer and explained that a specialist would be there on Monday to assess and correct the problem. The following week, I was not paid for my time on the job.

    2. 3 hours spent restoring service to a customer. Travel to the job, diagnosing, making a trip to supply house to retrieve special part, restoring service with said part. Same part was replaced by our company 32 days ago. Co policy is 30 day warranty. Customer refused to pay and would not sign my slip. Following week, I was not paid for my time on the job.

    Can they dock this time, for time actually put in?

  • #2
    Docking Hours

    They cannot refuse to pay you for hours worked. Though deductions may be made for most types of expenses with the employee's approval, it is not legal to refuse to pay the employee. You can check this with the state: http://www.ago.state.ma.us/sp.cfm?pageid=1110
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Thanks

      Thank you very much for your help

      Comment


      • #4
        Docking Pay in MA

        I'm sorry if the link that was posted above answers my question, but I'm 20 and often have a hard time trying to understand laws as they are written. I could really use your help because I feel as though I'm being backed into a corner so that my boss can save money.

        I work at a non-profit organization and the director has recently written a "One-Two Strike Policy" in which our pay could be docked an hour or a day if I or anyone else who is working the same shift as me does not adhear to a list of 24 things (including not "gossiping". some of the items on the list are reasonable and as you can see some of them are not as reasonable.).
        Is this at all legal?

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        • #5
          Your pay CANNOT be docked for time you actually work. If they want to discipline you for the things on their list, regardless of whether or not you think they are reasonable, they may do so. (I'm assuming that nothing on the list is a protected activity - if it is, that would make a difference.) But they cannot do it by docking your pay for time work. In fact, in MA they probably couldn't get away with docking vacation time either (though they could in some states). Personal time, possibly.

          But they can write you up, lower your pay (with appropriate notice), demote you, assign you to duties you don't like, change your shift, or even fire you. They just can't not pay you for time you actually worked.
          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.

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