docking pay for being late

My boss is tired of people coming in late to work. He wanted to know if he can dock hourly employees paycheck for being late to work. He wants to dock them 2 hours for each time they are late, regardless of how late they are.

Is that legal?

1 answer  |  asked Jul 21, 2003 11:30 AM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
pay docking

it is illegal to withhold pay as a penalty for violation of company rules, including those requiring being on time. if an employee is denied full compensation for time worked, (s)he is entitled to receive that pay plus all penalties for the lateness of receipt that are prescribed in the labor code. the employer's remedies are other disciplinary means, including suspension and termination for violation of rules about lateness. the practice could also be an unfair business practice, resulting in greater penalties.

your boss should not rely on this website, but should consult his regular employment practices attorney who can advise him as to the consequences of such a policy and can help him to set up an acceptable disciplinary measure for tardiness.

janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  Jul 21, 2003 12:21 PM [EST]

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