Can I sue my employer for the missing 12 minutes of pay if I’m being docked 15 minutes for being 3 minutes late?

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Can I sue my employer for the missing 12 minutes of pay if I’m being docked 15 minutes for being 3 minutes late?

I work per diem for NY state. I know it’s small amount but it’s the principal of it.

Asked on July 10, 2019 under Employment Labor Law, New York

Answers:

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

Answered 1 year ago | Contributor

Pay cannot be docked for time that work was performed. That having been said, you are only entitled to compensation for actual time worked. Accordingly, you do not need to be paid for the 3 mintues that you missed but you must be paid for the 12 minutes in question. If this is something that happens on a regular basis to either you or your co-workers, then it would be worth it to you contact the state department of labor.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you can: the law is very clear that there is NO docking of pay. You only need to be paid for the time you work, so if you missed three minutes, that's 3 minutes you don't need to be paid for--but they can't round up to the next quarter hour and take an extra 12 minutes away from you.


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