Can an employer dock/penalize a non-exempt worker for more than the time missed?
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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 9 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.
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