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Legal question: charged fee for being late

ondarkness

ondarkness

Platinum Member
I've heard that there is a fee for being late, and a fee if you violate rules or fail to observe safety signs at an unnamed company.

Is this practice legal?

 
You mean if you punch in late they dock your pay?

Shocking!

Additionally, I doubt they can fine you for safety violations any more than they can charge you for money you cause them to lose by making a mistake.

What normally happens is that the company awards a safety bonus to each employee, and then starts deducting from the bonus for each time the employee screws up.
 
Where does the money go? Party fund? Manager's pocket?

Is this an alternative to some other discipline? What happens if you refuse to pay?
 
Its sad because the fee is a multiple of what they make hourly to begin with, so its suxxorz triple for them.

I just wondered the legality because it means you work for free for three hours for being in a minute late.
 
Originally posted by: oddyager
Law has nothing to do with this. They have every right to penalize you for showing up late.
Click to expand...

This statement, and those that support it, are full of shit.

If you are an exempt employee, docking pay for being late is a violation of the Fair Labor Standards Act (FLSA).

Edit: If they are nonexempt, you must pay them for all hours worked. Again, if you don't, it's a violation of the FLSA.
 
Originally posted by: ondarkness
Its sad because the fee is a multiple of what they make hourly to begin with, so its suxxorz triple for them.

I just wondered the legality because it means you work for free for three hours for being in a minute late.
Click to expand...

Woah, that's crazy talk.

I guess if you have a job where being on time is really critical, losing 3 hours of pay is better than losing your job. But I wouldn't want to stay at that job any longer than it took me to find a new job.
 
Originally posted by: seemingly random
That's fucked up.

Any warning?

Anybody's guess as to what they'll come up with next. Time to start looking elsewhere.
Click to expand...

It is absolutely shocking! Imagine the gall of an employer expecting employees to arrive at work at a specified hour! What is the world coming to?
 
Originally posted by: Linflas
Originally posted by: seemingly random
That's fucked up.

Any warning?

Anybody's guess as to what they'll come up with next. Time to start looking elsewhere.
Click to expand...

It is absolutely shocking! Imagine the gall of an employer expecting employees to arrive at work at a specified hour! What is the world coming to?
Click to expand...

hey dipshit it's not like we don't have transporters to get us where we want to be exactly when we want to be there, so just hop in yours and be on time every day
 
pretty messed up.

its sorta sweatshop worker treatment though. lateness should go on the record, but to fine people constantly means the job really sucks if they figure they are better off fining people than firing the real bad eggs. sure there are probably some exceptions for time critical jobs but in general its not that good an idea.
 
Originally posted by: Linflas
Originally posted by: seemingly random
That's fucked up.

Any warning?

Anybody's guess as to what they'll come up with next. Time to start looking elsewhere.
Click to expand...

It is absolutely shocking! Imagine the gall of an employer expecting employees to arrive at work at a specified hour! What is the world coming to?
Click to expand...


i love my job. for most of the year, i have no specified start/quit time.
 
Originally posted by: Linflas
Originally posted by: seemingly random
That's fucked up.

Any warning?

Anybody's guess as to what they'll come up with next. Time to start looking elsewhere.
Click to expand...

It is absolutely shocking! Imagine the gall of an employer expecting employees to arrive at work at a specified hour! What is the world coming to?
Click to expand...

It's absolutely illegal!
 
Originally posted by: Farang
Originally posted by: Linflas
Originally posted by: seemingly random
That's fucked up.

Any warning?

Anybody's guess as to what they'll come up with next. Time to start looking elsewhere.
Click to expand...

It is absolutely shocking! Imagine the gall of an employer expecting employees to arrive at work at a specified hour! What is the world coming to?
Click to expand...

hey dipshit it's not like we don't have transporters to get us where we want to be exactly when we want to be there, so just hop in yours and be on time every day
Click to expand...

Yeah no one can predict one-off situations but if you're routinely coming in late then that BS doesn't fly. Leave earlier.
 
Originally posted by: SacrosanctFiend
Originally posted by: oddyager
Law has nothing to do with this. They have every right to penalize you for showing up late.
Click to expand...

This statement, and those that support it, are full of shit.

If you are an exempt employee, docking pay for being late is a violation of the Fair Labor Standards Act (FLSA).

Edit: If they are nonexempt, you must pay them for all hours worked. Again, if you don't, it's a violation of the FLSA.
Click to expand...

Also, if you are an exempt employee, it seems you CAN be fined for safety violations as well as major violations of company rules. Now that I have learned my item for the day, I can go back to sleep.

http://www.dol.gov/dol/allcfr/...t_541/29CFR541.602.htm

(4) Deductions from pay of exempt employees may be made for
penalties imposed in good faith for infractions of safety rules of
major significance. Safety rules of major significance include those
relating to the prevention of serious danger in the workplace or to
other employees, such as rules prohibiting smoking in explosive plants,
oil refineries and coal mines.
(5) Deductions from pay of exempt employees may be made for unpaid
disciplinary suspensions of one or more full days imposed in good faith
for infractions of workplace conduct rules. Such suspensions must be
imposed pursuant to a written policy applicable to all employees. Thus,
for example, an employer may suspend an exempt employee without pay for
three days for violating a generally applicable written policy
prohibiting sexual harassment. Similarly, an employer may suspend an
exempt employee without pay for twelve days for violating a generally
applicable written policy prohibiting workplace violence.
 
Originally posted by: 1sikbITCH
Originally posted by: SacrosanctFiend
Originally posted by: oddyager
Law has nothing to do with this. They have every right to penalize you for showing up late.
Click to expand...

This statement, and those that support it, are full of shit.

If you are an exempt employee, docking pay for being late is a violation of the Fair Labor Standards Act (FLSA).

Edit: If they are nonexempt, you must pay them for all hours worked. Again, if you don't, it's a violation of the FLSA.
Click to expand...

Also, if you are an exempt employee, it seems you CAN be fined for safety violations as well as major violations of company rules. Now that I have learned my item for the day, I can go back to sleep.

http://www.dol.gov/dol/allcfr/...t_541/29CFR541.602.htm

(4) Deductions from pay of exempt employees may be made for
penalties imposed in good faith for infractions of safety rules of
major significance. Safety rules of major significance include those
relating to the prevention of serious danger in the workplace or to
other employees, such as rules prohibiting smoking in explosive plants,
oil refineries and coal mines.
(5) Deductions from pay of exempt employees may be made for unpaid
disciplinary suspensions of one or more full days imposed in good faith
for infractions of workplace conduct rules. Such suspensions must be
imposed pursuant to a written policy applicable to all employees. Thus,
for example, an employer may suspend an exempt employee without pay for
three days for violating a generally applicable written policy
prohibiting sexual harassment. Similarly, an employer may suspend an
exempt employee without pay for twelve days for violating a generally
applicable written policy prohibiting workplace violence.
Click to expand...

Yes, you can (though you need to be careful due to the ambiguity of "major significance"). However, that's not the situation being discussed.
 
If the employee is paid hourly, the company can dock you for being late, but only for however many minutes you were not clocked in. Salaried (exempt) employees cannot be docked for being late anymore than they have to be paid overtime for working late.
(This is in the US of A, and may not apply in other countries)

OP, NO, the company cannot charge you a "FEE" for being late, violating safety regs, etc.
 
If an hourly employee worked it, they get paid for it. If they are 1 minute late, they can dock them 1 minute of pay. If they hate people being late that much, they should put appropriate corrective actions in to place that actually curb the behavior or terminate the employee.
 
Originally posted by: BoomerD
If the employee is paid hourly, the company can dock you for being late, but only for however many minutes you were not clocked in. Salaried (exempt) employees cannot be docked for being late anymore than they have to be paid overtime for working late.
(This is in the US of A, and may not apply in other countries)

OP, NO, the company cannot charge you a "FEE" for being late, violating safety regs, etc.
Click to expand...

Just a bit of a correction:

Salaried /= exempt
Hourly /= non-exempt

It's a pet-peeve of mine.
 
Originally posted by: SacrosanctFiend
Originally posted by: oddyager
Law has nothing to do with this. They have every right to penalize you for showing up late.
Click to expand...

This statement, and those that support it, are full of shit.

If you are an exempt employee, docking pay for being late is a violation of the Fair Labor Standards Act (FLSA).

Edit: If they are nonexempt, you must pay them for all hours worked. Again, if you don't, it's a violation of the FLSA.
Click to expand...

QFT, but the OP is a bit ambiguous as to what is going on.
 
Originally posted by: Farang
Originally posted by: Linflas
Originally posted by: seemingly random
That's fucked up.

Any warning?

Anybody's guess as to what they'll come up with next. Time to start looking elsewhere.
Click to expand...

It is absolutely shocking! Imagine the gall of an employer expecting employees to arrive at work at a specified hour! What is the world coming to?
Click to expand...

hey dipshit it's not like we don't have transporters to get us where we want to be exactly when we want to be there, so just hop in yours and be on time every day
Click to expand...

Hey dipshit I am at work every day on time. I also have a cell phone which would allow me to call my employer and let them know if I am stuck in some major traffic jam or other situation that will make me late. It's called common sense and a work ethic.
 
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