Docking pay

Im a full time employee and I get paid salary. My employer wants to dock me 1 hour pay for being more than 10 min late and 1 hour pay for being more than 5 min late coming back from a break. He had me sign a contract to this. Is this legal with or without a contract?

1 answer  |  asked Sep 11, 2006 10:37 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
exemption blown

if you are being required as a condition of your job, to allow docking of pay for lateness or absence of less than one day, then you are no longer exempt and are now entitled to overtime. the exemption is lost for both the pay period in which you are docked .

even assuming this "docking" was not in place, an employee who is properly exempt from overtime must meet a "duties" test, as well as a means of pay test.
you need to discuss this with an attorney experienced in employment law. you can find one in your area on the cal employment lawyers assn website,
good luck
janet m. koehn

posted by Janet M. Koehn  |  Sep 12, 2006 3:02 PM [EST]

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