Can my employer make me work my scheduled amount of hours and only pay me 90% of what I’m entitled to?

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Can my employer make me work my scheduled amount of hours and only pay me 90% of what I’m entitled to?

Starting this year, my employer started a new tardiness policy. After 4 tardies, they begin docking the associate’s wages in ten percent in ten percent increments up to 50%, until the associate is terminated. Is this legalI am an hourly associate, not on salary. To make obfuscate matters further, they do not pay you for the time you were late, so they never pay you for hours you didn’t work (ie: if I started at 2 and clocked in at 215 I would receive .75 hours for the first hour) and we are in a union.

Asked on April 24, 2013 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, what you describe is legal, so long as--

1) It is disclosed in advance, prior to implementation (i.e. you can't have wages docked if you were not aware, before being tardy, that was the policy);

2) At all times, they pay at least equal to minimum wage (even after docking wages, they have to at least be minimum wage)

3) They pay for all hours worked, and at the overtime rate for hours worked beyond 40 in a week.


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