Is it legal for my employer to dock me an hours pay for being 5 minutes late?
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Is it legal for my employer to dock me an hours pay for being 5 minutes late?
Asked on May 5, 2019 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is completely illegal: the law is clear that hourly employees must be paid for all hours worked (so if an hourly employee misses 5 minutes, they are not paid for those five minutes but are paid for all other time); that salaried employees receive their full daily salary even if they came in late; and that employee pay may not be docked or withheld without employee consent or agreement. You could file a complaint with the department of labor about this, and/or sue (e.g. in small claims court).
An employer can discipline an employee for being late: demote, suspend, reduce hours or pay in the future, even terminate. But they can't withhold pay.
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