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punching in at scgheduled start time

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  • punching in at scgheduled start time

    I work for a small company in california. we have a scheduled start time of 6:00 AM. my question is if we punch in at 6:00 can he dock our pay? he is subtracting 15 minutes from our checks when we do. Please help!
    Last edited by kidamnesiac; 03-23-2005, 04:09 PM.

  • #2
    Punch In

    Your employer is required to pay you for all hours you work. If you clock in at 6:00 but you don't begin work until 6:15, it is legal. However, it will be up to the employer to prove that you were not working, should you file a claim against them with the California Division of Labor Standards Enforcement.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      So what you are saying is , just as long as we start working as soon as i punch in at our scheduled start time, it is illegal for him to dock our pay?

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      • #4
        Docking of Pay

        Yes, it is illegal if you are working right after you clock in. However, make sure that you are working. In many states, employers do not have to pay for the time when someone is gathering their tools that they brought with them or drinking coffee, etc.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

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        • #5
          Just a quick question from iowa: we have several employees that spend a large portion of their day, ranging from 1 to 6 hours surfing the internet and playing games on thier PC, are you saying that as long as I can prove this to management they have the right to dock thier pay for those hours?

          This is a real sore subject with me, I have often found the employees in my department doing just this sort of thing, I have made them turn their desks, so that I can view their monitors when entering the room, verbally warned them repeatedly, and even issued written reprimands, to no avail. We have not disabled the internet or browsers, as our e-mail is internet based, and because some employees have reason to be on the internet researching shipments, or working on tutorials to increase performance. Keep in mind I have an employee that doesn't feel the rules apply to her, because her father is part of the management here and the other person in the department is a long term employee (31 years) that feels her years of service should allow her to do this.

          I know it would be a challenge to get management to back me on this, but I'm hoping that with a new general manager coming in, I could get a stop put to this.

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          • #6
            No, we're not saying that. Why don't you just fire them? If they're spending that much time surfing the net, they can't possible get their jobs done in the regular day.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              You can't dock their pay but you can discipline them in any other way that management will permit, up to and including termination.
              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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              • #8
                Exactly my point, their performance and quality suffers. I was hoping that if I could make this known that they would have a different viewpoint and make more of an effort. Supervisors don't have the authority to fire someone without management's approval. Thanks anyway.

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                • #9
                  I just realized what I said. Hope I have my job on Monday!
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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