Can my employer dock for more time than I missed?
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Can my employer dock for more time than I missed?
As an example, if I am working a 10 hour shift and am paid hourly, can my employer dock an hour of
pay from me if I was late by only 5 minutes?
Asked on December 21, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, the employer may NOT. The law is very clear that an hourly employee must be paid for all time worked--no exceptions. If you missed 5 minutes, they don't have to pay you for those 5 minutes--but they can't take away an hour of pay. You could file a wage-and-hour complaint with your state department of labor if they take away more time/pay than you missed.
Do bear in mind that there are many things an employer an do if you are late: demote you; cut pay going forward; reduce your hours in the future; suspend you; even terminate you. But they can't dock pay the way you describe.
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