Can employer dock pay 2 hours for not clocking in and out for lunch?

Employer says they are docking two hours pay every time someone does not clock in and out for lunch.

Asked on January 23, 2018 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they may not do this. The law, such as the Fair Labor Standards Act (FLSA) is definite that hourly employees *must* be paid for all hours worked; this means that the employer cannot dock time. If the employer does dock your time, you likely have a wage and hour complaint and can contact the department of labor. 
Note that there are many things the employer can do if you fail to clock in or out properly: fire you; suspend you; demote you; reduce your pay or hours; give you a less desirable job, shift, location; etc. But they can't dock pay.


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