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Docked even though hours were worked. New Jersey New Jersey

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  • Docked even though hours were worked. New Jersey New Jersey

    We get docked 15 minutes if we forget to clock in (even if we can can prove we were there at our scheduled start time). Is this legal?

    Example: Bob is scheduled for 0700-1500. Bob arrives at 0640 (he opens the door to the office using his proximity card ID, but forgets to clock in on the proximity card reader that tracks our hours before 0700 and notifies management after 0700), but Bob is still docked 15 minutes on his check (which he was clearly there for, and working).

  • #2
    Short answer, probably not legal. Longer answer is more complicated. Bob is paid $10/hr. Bob works 39 hours and 59 minutes this workweek. Bob is paid 39 hours and 45 minutes. Bob (in my example) is not paid 14 minutes.

    Looking at federal law only (FLSA), no overtime worked, so no OT pay violation. Bob's pay exceeds actual hours worked times federal minimum wage, so we also do not have a MW pay violation even though Bob was not paid for 14 mintues. Federal law cares about hours but does not care about base wages in excess of minmum. We have no federal law violation here. Federal law says what it says, and it does not say that Bob must be paid $10/hr for all hours worked.

    Now NJ law is in addition to, not instead of, federal law. I am not a NJ expert, and we may indeed have a NJ violation.

    Past that, if Bob went to small claims court, we maybe have a common law violation.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      Short answer, probably not legal. Longer answer is more complicated. Bob is paid $10/hr. Bob works 39 hours and 59 minutes this workweek. Bob is paid 39 hours and 45 minutes. Bob (in my example) is not paid 14 minutes.

      Looking at federal law only (FLSA), no overtime worked, so no OT pay violation. Bob's pay exceeds actual hours worked times federal minimum wage, so we also do not have a MW pay violation even though Bob was not paid for 14 mintues. Federal law cares about hours but does not care about base wages in excess of minmum. We have no federal law violation here. Federal law says what it says, and it does not say that Bob must be paid $10/hr for all hours worked.

      Now NJ law is in addition to, not instead of, federal law. I am not a NJ expert, and we may indeed have a NJ violation.

      Past that, if Bob went to small claims court, we maybe have a common law violation.
      Does federal law say Bob has to be paid for all the hours he was working?

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      • #4
        Bob in the example above, must be paid at least min. wage for all hrs. actually worked.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Originally posted by Consequences View Post
          Does federal law say Bob has to be paid for all the hours he was working?
          Not exactly. Using my example, federal law says Bob must be paid at least 39 H, 59 M at $7.25/hr. If we had an example with overtime, the feds would care about the overtime. But the feds do not care about base wages in excess of federal MW, and theycare about resulting wages, not the hours per se. You are never going to find a federal rule caring about the hours as long as there is no MW/OT wage violation.

          Now unrelated to federal law, NJ can have it's own rules. Maybe they do, maybe they do not. Not my state.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Originally posted by DAW View Post
            Not exactly. Using my example, federal law says Bob must be paid at least 39 H, 59 M at $7.25/hr.
            That's what I said - in the example there was no OT.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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