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Salary Employee requiring clocking in and out New Jersey

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  • Salary Employee requiring clocking in and out New Jersey

    I am a salaried employee for my retail company. We are required to work 45 hours a week and they state we are required to punch in and out for our time at work as well as lunch breaks. The question I have is...they are stating that if we forget to punch in or out that we will only be paid for hours that show up in our EZ Labor system. Even if we punched IN but forgot to punch OUT we will not be paid. Is this legal for a salaried employee? We do not get paid overtime and our manadtory schedules are anywhere from 45 to 55 hours PER week but our salary/pay is only for 45 hours. We just want to know can they dock our pay just for forgetting to punch in or out?

    My other question is for my seasonal employees...they are stating that if they call out on a Fri, Sat or Sun that it will result in immediate termination. For one call out?? If they call out Mon, Tues, Wed or Thurs then they get written up and second absence will result in immediate termination.

    Please let me know.

  • #2
    "Salaried" is just a pay method. Are you exempt or nonexempt?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      exempt...we do not get paid overtime

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      • #4
        If you are exempt, there are VERY limited circumstances under which your salary can be docked, and not punching is not one of them. Not that they can't require you to do so, and can't discipline you for not doing so, but that discipline cannot take the form of docking your salary.
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Relative to your seasonal employees (sorry, I missed that the first time around), if that's the rule, that's the rule. The law does not address this one way or the other.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            The rule may not seem fair to you but it is not illegal.
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