Can an employer dock 50% from your paycheck for being 5 minutes late?

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Can an employer dock 50% from your paycheck for being 5 minutes late?

If an individual is more than 5 minutes of the shift 50% will be withheld and more than 15 minutes of the shift 100% will be withheld. For a non-validated emergency call-out within 24 hours of shift, 50% will be withheld and for a non-validated emergency call-out within 12 hours of shift, 100% will be withheld. Finally, for a no call/no show to any scheduled shift up to 2:00 a fine can be imposed subject to the employer’s discretion. This is a home health care for children requesting this be signed.

The nurses are required to arrive 5 minutes before the shift begins and stay 5 minutes after the shift – to give a report to the next nurse.

Asked on August 8, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to be paid for all time worked - period. If you are working, you need to be compensated. That having been said, your employer does not have to pay you for the time (e.g. 5 minutes, etc.) that you miss. Further, you can be fined (so long as you make at least the legal minimum wage) and other discipline imposed such as suspension, etc. unless such action violates the terms of an employment contract/union agreement.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to be paid for all time worked - period. If you are working, you need to be compensated. That having been said, your employer does not have to pay you for the time (e.g. 5 minutes, etc.) that you miss. Further, you can be fined (so long as you make at least the legal minimum wage) and other discipline imposed such as suspension, etc. unless such action violates the terms of an employment contract/union agreement.


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