Saturday, November 19, 2011

Can salaried employees be forced to punch in and out and be penalized for missing a punch?

When,you are a salaried employee can you be forced to punch in an out for a job and be charge a fee for missing a punch? Our company charges a $10.00 missed punch even for salaried employees What can be done if anything?|||Yes, definately. A salaried employee gets salary for working for desired number of hours. Punch cards help the management to keep track on your total hours invested in working for the company. So, it must be followed very proficiently.





And company can charge employee for missing a punch. This is something like fine.





Better option would be, allowing three mis punchs per month, above that start charging fine.|||The actual answer to this question is no. You are either salaried or you are not salaried. Fines against your salary remove your standing as a salaried employee. This means that your employer is legally obligated to to pay time and a half for work in excess of 40 hours. Get fined, get overtime.

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|||They cannot dock your pay for that reason. It is against the law to do so.


The Federal Fair Labor Standards Act does allow docking, depending on the duration of the absence 鈥?and the cause:


If the employee is absent a day or more for personal reasons, you may deduct from his or her pay.


If the employee is absent a day or more due to sickness or disability, you may make deductions, provided that you have a policy or practice of providing compensation for lost salary caused by sickness and disability, or if your company operates under a state or private sickness and disability insurance law or plan.


If the employee receives a full-week disciplinary suspension, you may deduct from his or her pay. You may deduct for suspensions of less than a week only if they were imposed in good faith for violating rules of major significance.


You may not deduct for absences due to court appearances or military leave (although you may offset any witness fees, jury duty pay, or military pay received by the employee). If the employee is absent for part of a day:


You may deduct pay if the employee is taking leave under the Family and Medical Leave Act.


You may require the employee to substitute accrued vacation or sick pay. If no accrued vacation or sick leave is available, however, you may not reduce the employee's pay.


Overall, you want to avoid excessive salary docking because it undermines the whole idea of having employees on a salary and makes them seem more like hourly workers.





NOTE: This column provides general information only. Consult your accountant, tax, or legal advisor about your particular situation.|||A salaried employee gets paid for the work they do, not the amount of time that you do the work. You should get paid the same every week unless you really don't work on a specific day and don't have any vacation or sick time on the books. If you have any time on the books, you have to be paid that first.





If you do work that needs to be billed back to someone, you would be required to keep of your time (for example: lawyer, consultant, internal support that gets to the depts you support other depts, etc). However, if you work less than 40 hours, you don't get paid less and if you work more than 40 hours, you don't get paid more.





The only time an employers is allowed to dock the wages of a salaried employee, is if you took time off work and really did nothing for work on those days (i.e. didn't answer a call, respond to an email, or anything) and you don't have any vacation/sick time on the books. If you have time on the books, that has to be used to supplement your wages.





If a company pays treats you like an hourly employee, then they have to pay your for your overtime. You can file a claim with your state's wage and hour dept. I would first tell find more official information than Y!A (it should be easy to google) and show your company's management. Obviously, filing a claim is a last resort.|||If you work for anyone, they make the rules.


That is what working for someone means.


That applies whether you are hourly, salaried, non-exempt or exempt.





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Also check out, www.MagneticSponsoringEdge.com for self confidence and atraction marketing help.|||get company policy in written form ..


go over it then make a formal written compliant about it to your boss or Human resource dept.


make a copy of both .


give your employer a deadline to reply back to you before you send a copy to the state labor board.


if no reply send a copy to the state labor board requesting a review of your companies policy.|||Hey


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http://answers.yahoo.com|||You don't even say where you live. No one is going to be able to figure out what the laws are in your country, let alone narrow it down to your area. Labour laws vary from place to place and country to country. Even in the US, it may vary from state to state.|||Yes they can be forced to. I don't know about the $10 for missing a punch. I doubt that it would hold up in a court of law.|||They can make you punch in and out. I don't think they can charge for missed punches.





Check with an employment lawyer in your state.

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