My employer reduced my pay 1 an hour for clocking OUT for lunch 2 minutes late

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My employer reduced my pay 1 an hour for clocking OUT for lunch 2 minutes late

It has been a month now. He insists we must clock out for lunch five hours to
the minute from when we clocked in in the morning. I clocked out two minutes
late twice time clock time is three minutes slow and he has ‘punished’ me by
reducing my pay. Is this legal? California

Asked on March 5, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you violate his rules, he could reduce your wage going forward, reduce the number of hours you are scheduled for going forward, or otherwise punish you (unless, that is, you have some written employment or union/collective bargaining contract protecting you from punishment or discipline for this reason) The only thing he cannot do is not pay you for all hours/time actually worked--i.e. dock your pay for work you have already done. Employers must (e.g. under the Fair Labor Standards Act or FLSA) keep accurate time records and pay employees for all time worked; and changes in pay, etc. may only be made prospectively, or from the moment they are announced forward, and retroactively, or for work already done.


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