Career Questions and Answers
Is it legal for your employer to dock you an hour for being one minute late?
Asked by Jenn
My boss MADE us sign a paper giving her permission to dock us all these crazy hours. I say made, because she said either sign it or get out. We're in Texas, so my co-workers and I were wondering if she was allowed to do that?
A:
Best Answer:
It is not legal because you are not getting paid for work that you are doing. This is agains FSLA which is a federal regulation which supersedes anything in Texas. The fact that they made you sign under duress can also be used to invalidate the contract in court. Basically you have your employer by the balls. If they acutally dock your pay then you can sue for what you are owed plus damages. If they fire you for taking them to court you will get alot more. By the way I am an employer in Texas and know the law very well.
http://www.dol.gov/esa/whd/flsa/index.htm
Answered by JJ
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This is absurd. It certainly does not sound legal to me! I see that you are in Texas. Remember that Texas is a facist-right wing state. So, it might be legal. I live in Pennsylvania, and I could almost gaurantee you it is not legal here, or most states for that matter.
Do you have a Union? If not, UNIONIZE!!!! Put an end to this!
Answered by The Answer Man
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If you sign a contract (or paper) saying that she can, then yes she can, thats now part of your employment contract.
Answered by Dee M
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Well, when my boss pulls that shiz I just give him a reach-around, and he's all better. Sometimes I even get overtime.
Answered by Shithead
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not really my step-grandmother lives there and she says they cant do that
Answered by seth_perry2000
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I dunno. It seems like employers can do what they want when it comes to silly penalties like that. My friend works somewhere that has a point system. If you're late, you get half a point and if you call off you get a whole point. Four points and you're fired. Just glad I don't work there.
Answered by thickasthieves
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Its not legal but its typical.
Answered by BRYCE P
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First of all i am pertty sure that she is not but what you do is go to the head of the corperation and ask and tell them about what she is doing!!! you'll get some answers there!
Answered by surroundedby_stars18
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No it is not legal... But your employer can send you home without pay for being late...
Answered by Reg B
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Probably not legal for him to dock you one hour, but if it's habitual in most states (right to work states) he can fire you. Which is worst?
Answered by Lass
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I would say it's legal for him to make the crazy hour docking rule, but I think it's illegal to force you to sign it or get out
Answered by Shaun H
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if by dock, you mean not pay you for hours that you worked, then no. but your in texas and i don't know the laws there but in florida they wouldn't be allowed to do that.
Answered by Darth Matthew
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i dont think that is legal. as far as i know, you cant sign away your rights under the flsa (fair labor standards act)
Answered by johnec4
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Call the Dept. of Labor
Answered by tml
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I would have gone out, I'm sure it would be hell to work for her.
Answered by kcini8
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so, if you see you're going to be a minute late, just go ahead & take the whole hour - looking through the classifieds for another job
Answered by bigorangefan
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find a new job ... then quit.
yes, she's being abusive. yes, you maybe could complain to some Texas department.
and yes, your boss would then be looking for every reason to fire you.
so -- find the new job first. then complain after you've quit.
and be noisy about the complaint -- local newspapers, etc. your boss deserves to be publicly pilloried and you need to be safe before you start the process.
Answered by Spock (rhp)
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Once you signed the forms, it became legal. You could get some of your co-workers and see about filing charges for workplace extortion (or something like that) for making you sign under those conditions. Best advice, start looking for a new job and leave ASAP.
Answered by Jimmy
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Well.... what happens if you are 59 minutes late? Still docked 1 hour?
This is a control freak who is very short sighted. At the same time, I understand how frustrating it can be to have people draggin in randomely when they should be a t work.
I used to routinely be 5 - 10 minutes late most days.... but then I also was late leaving for my lunch break and often stayed after longer. On the whole, my employer was ahead because they didn't get on my case about it.
Best of luck.
Answered by paris.selmer
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As far as i'm aware there's a TWO minute warning process and that generally means a verbal warning. The second time you would normally expect a written warning and the third you'd get fired! IF however you have rather foollishly signed a document saying she can dock you money then there's nothing you can do about it as you have given your permission. You'd have done better refusing to sign the document and then if she fired you, taking her to court.
Answered by sisterof_thedarkmoon
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No, it is not legal. You have to be paid for your work. The closest thing I've heard of is docking for fifteen minutes for convenience of calculations. But that works both ways, if you are there for five extra minutes, you are paid for fifteen.
Anyway, you should call the Texas Workforce Commission. Their link is below.
Answered by anonimitie
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if your juz one minute late maybe its not good to do that... or maybe you can get overtime... and if you sign a paper about it that she can do that... then she can... or maybe its good to consult a lawyer.. and ask about it.... that will be more good.. ^_^
Answered by Eclaire
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No. You have to be paid for all hours worked. All the employer can do is write you up for being late. If you're consistently late, the employer can, of course, fire you. But docking pay is not allowed.
Answered by leysarob
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Sure.......be on time.......that's what you agreed on.....what if he was working on your car and charged you by the hour.....would that be OK with you?
Answered by kapn
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I live in Texas also. Texas is an "at will" state. I was going to check the labor law section at http://www.state.tx.us but the site is down until 11:30am today (Monday) for maintenance.
Anyway, it doesn't sound legal to me. If you all have already signed the document there isn't much you can do because you all had already agreed to her terms.
Answered by ModelFlyerChick
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Obviously you guys must be late all the time for her to have to resort to this. Legally she can't. But she can fire you- and probably should.
Answered by Beverly S
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It is legal for an employer to not pay for time not worked. However, if there is a significant discrepancy between the timeclock records and time actually worked, the employer risks legal exposure.
For example, if you were 5 min late and the employer docks you for 10 min because their timeclock system calculate to the nearest 10 min, that would be an acceptable legal practice. However, if you are 5 min late and you get 55 min docked from working time because your boss is a lunatic, ummm, not so easy for the employer to defend.
Call your nearest dept of labor office - www.dol.gov.
Answered by Mel
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