Can an employer dock/penalize a non-exempt worker for more than the time missed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer dock/penalize a non-exempt worker for more than the time missed?

For example, an non-exempt worker’s start time is 800am. The employee arrives at 801a. The employer penalizes said employee by docking 2 hours off their timecard.

Asked on September 24, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A non-exempt salaried worker there are some not all salaried employees are exempt cannot be docked time/pay at all for being late to work. An hourly worker can only be docked the actual amount of time missed. Docking more than that violates the labor laws, and the employee could bring a complaint to the department of labor and/or file a lawsuit such as in small claims court for the money. What the employer can do, if it doesn't like even the smallest amount of tardiness, is suspend or fire an employee for being late without prior approval or what the employer considers a valid excuse or good cause.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption