If I have an employer who wants to charge his employees a $1.00 a minute for being late but some of these employees are paid on commission and some are paid by the hour, is this legal?

Asked on February 1, 2016 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it's not legal to "charge" employees for being late. What they can do:
1) Hourly employees are paid for time worked, so if the employee is late, you just don't pay him or her for the time he or she was not there.
2) Hourly, commissioned, or, for that matter, salaried employees who are late may be fired, suspended, have wages/salary/commission rate (going forward; i.e. not for work already done) reduced, be demoted, etc. Employees may experience discipline, up to and including termination, for lateness.
But docking pay $1/minute is not legal, and if they are doing so, you may have a wage and hour complaint for the department of labor.

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