Can my employer dock pay for forgetting to clock in/out?
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Can my employer dock pay for forgetting to clock in/out?
I work at a spa and everyone received a letter saying that ,
Asked on February 26, 2016 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
IF you truly are an independent contractor, limitations on pay such as you describe would in theory be legal, since the compensation for an independent contractor is whatever the contractor and business employing her services agree or contract to.
But what you describe would not be legal for an employee, since if time is taken into account, they are hourly, and if hourly must be paid for ALL time worked and cannot be docked for additional time. So if you are hourly and your shift starts at 9 and you show up at 8:57, you are paid for 3 minutes more, not 7 less.
d on what you write, you are very likely an employee, and if an employee, again, must be paid for all time worked; must be paid minimum wage; must be paid overtime if more than 40 hours worked in a week; must have taxes withheld; etc. The reason you are most likely an employee us the degree of control and supervision the employer exercises over you is not consistent with contractor status, but only with being an employee; and if an employee, the employer may be doing a number of things wrong. It would worthwhile for you to speak to your state department of labor to discuss your situation.
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