A WWYD (work related)

[Clang]

At my job, they dock you for every minute you take off - whether you are late, or have to leave 15 minutes early, but they never take into account the days you are there early, late or give up your lunch hour. Seriously, I average a full day in "extra" time a month, and have had my pay DOCKED at the end of the year.

Last year, I had 30 hrs of vacation time left, when my dear SIL committed suicide. We get no breavement leave for BIL/SILs. I needed to be with the family obviously. It happened on a Monday afternoon, and funeral was on Friday...so I missed 4 days (we work 7.5 hr days) exactly 30 hrs. They took all my vacation time for that.

Then, when the kids had a snow day in early Dec. I only had 2.5 personal hours left - so they docked my pay. Never mind that I am always giving them extra time.

Is this illegal?? What would you do?

 

[MareQ]

At my job, they dock you for every minute you take off - whether you are late, or have to leave 15 minutes early, but they never take into account the days you are there early, late or give up your lunch hour. Seriously, I average a full day in "extra" time a month, and have had my pay DOCKED at the end of the year.

Last year, I had 30 hrs of vacation time left, when my dear SIL committed suicide. We get no breavement leave for BIL/SILs. I needed to be with the family obviously. It happened on a Monday afternoon, and funeral was on Friday...so I missed 4 days (we work 7.5 hr days) exactly 30 hrs. They took all my vacation time for that.

Then, when the kids had a snow day in early Dec. I only had 2.5 personal hours left - so they docked my pay. Never mind that I am always giving them extra time.

Is this illegal?? What would you do?

Why would it be illegal? It stinks - but it's definitely not illegal for them to not pay you for time you do not work.

 

[jemiaule]

Are you exempt or non-exempt?

If non-exempt they should be paying you overtime for those extra hours you work. Also if you are non-exempt then they technically are not docking your pay as non-exempt employees are paid for actual hour worked.

 

[LisaL]

Whether its legal depends on state (and maybe federal) law. If you really want to find out, you should contact an attorney. Most will consult at no charge. If it is legal, you may want to find a new job - easier said than done in Ohio these days.

 

[Mary Anne]

I agree are you exempt or non-exempt. If you're working and not being paid and are non-exempt, that is a big no-no, and that is against the law. To not pay you when you have have no time, well that is legal. However, if you are exempt and they dock you and don't make you fill out a legal form for a decrese in pay, then that too may be not legal.

I need more details.

 

[Clang]

Why would it be illegal? It stinks - but it's definitely not illegal for them to not pay you for time you do not work.

I don't have a problem with them docking me for time I do not work....my problem is they never pay me any extra for the EXTRA time I work - when they KNOW I am there, and have approved my EXTRA hours.

 

[annegal]

The crucial question....are you HOURLY or Salary??

Hourly , what they are doing is illegal.


Salary people work more/less than 40
hours.

 

[Clang]

I agree are you exempt or non-exempt. If you're working and not being paid and are non-exempt, that is a big no-no, and that is against the law. To not pay you when you have have no time, well that is legal. However, if you are exempt and they dock you and don't make you fill out a legal form for a decrese in pay, then that too may be not legal.

I need more details.

See, that is the problem....I do not know whether I am exempt or non-exempt. It seems like they treat me as exempt when I work MORE hours, and non-exempt when I need time off. I don't think my job - mostly clerical, but some techincal (I am licensed), qualifies as exempt. I know when I worked an another much, much larger company, they said my position was exempt - then, they came back 8 months later, and said it was non-exempt and had to pay me overtime - retroactively.

 

[iggbees]

my suggestion (coming from experience where sometimes i work overtime and don't get credit for it) don't take your lunch time off, don't work overtime. cut out exactly when the clock hits the time you are supposed to leave. it's not worth the emotional stress, you know?

if they ask why you're leaving at the appropriate time, tell them that you aren't paid for overtime, and unless you are going to be paid for it, then you are going to leave.

 

[DisneyfeverTN]

Are you are a salaried or hourly paid employee? In our company it works like this:
If you are a salaried employee, you are not paid over-time and your pay can't be docked if you leave an hour (or whatever) early. Your pay can be docked if you choose to take a day off and don't have any sick time or vacation time. That means it is illegal for us to dock a salaried employee's pay because they did not work a full day. The only exception to this is if you violate company policies and do something illegal.
For an hourly paid employee, you must pay them for every minute they work. It is illegal for them to work off the clock and not get paid.
I'm not sure how it is in other states though.

 

[LisaL]

Ohio is a place all its own. I just moved back from Cleveland after living there three years. I was often shocked at what was legal. I was often more shocked by what was not legal, but still practiced ... and those not called to account (polictics, unions, poverty, education, you name it). So seriously, you've got to talk to an OH lawyer - a good one - to find out what your rights are as an employee. I was a student, so I have no idea.

 

[aprilgail2]

I would just not work any extra time. I would take my lunch breaks, take my breaks during the day, punch out at the right time and get paid for my 40 hour week. I wouldn't give them a second of my own time. If I get to work early I sit outside and read a book or go to to the lunchroom and have breakfast, I certainly wouldn't start working befor emy time started.

 

[simpilotswife]

At my job, they dock you for every minute you take off - whether you are late, or have to leave 15 minutes early, but they never take into account the days you are there early, late or give up your lunch hour. Seriously, I average a full day in "extra" time a month, and have had my pay DOCKED at the end of the year.

Last year, I had 30 hrs of vacation time left, when my dear SIL committed suicide. We get no breavement leave for BIL/SILs. I needed to be with the family obviously. It happened on a Monday afternoon, and funeral was on Friday...so I missed 4 days (we work 7.5 hr days) exactly 30 hrs. They took all my vacation time for that.

Then, when the kids had a snow day in early Dec. I only had 2.5 personal hours left - so they docked my pay. Never mind that I am always giving them extra time.

Is this illegal?? What would you do?

If you are hourly just start recording all of your time. That way you will be paid for it.

If you are salaried then yes it is illegal. A salaried employee is paid a wage, period. Just as they are not paid for extra time neither can they be docked for missing time during the day.

Unfortunately in the real world that means zilch and many employers take advantage of their salaried employees in the manner you are describing.

If it were me, I would stop putting in the extra time. Obviously it is not appreciated. I'd also look for somewhere else to work because I hate working for people who don't respect me.

 

[slk537]

First I would like to extend my sympathies for your loss...death is always difficult to deal with and it sounds like you had very, very sad circumstances!!!

Now as to the job: First, find out whether or not you are exempt. That is key. Then check your paystubs to see if you have been getting paid for the OT you have put in. If not and you are an hourly employee - there is a problem. If so, good.

If you are exempt, look into comp time. Some companies do comp time - My DH is getting 4 hours of it for work he is doing at home this weekend. My company? Not really. But we do have flexibility for vacation/sick time/bereavement. Check into it - they may owe you some hours.

If you are non exempt and NOT getting paid for the extra time, be candid with your manager or HR department and find out the policies. If somehow it is legal that you have been working for "free", then I agree with the other posters that you should probably stop doing that.

Good luck to you! Your HR dept should be a good resource for you.

 

[LadyZolt]

See, that is the problem....I do not know whether I am exempt or non-exempt.

If you're on salary, they pay you X amount no matter how many hours you work or not. Thus, your paycheck will state the dates and the amount, but won't really list the hours you worked.

If you are hourly, this means they pay you X amount "per hour." When you look at your paycheck, it'll list them. For example, if you make $9.00 per hour, it'll say:

1/22-1/26: 40 hours at $9.00 -- $360

Then, if you work more than 40 hours (in most cases), they are required by law to pay you overtime pay (generally "time and a half" so if you make $9 an hour, overtime would be $9 plus half of $9, $4.50, so you'd make $13.50 for every hour you worked above 40 hours.)

The way your paycheck lists the money you earned should tell you if you are salary or if you are hourly (also called exempt and non-exempt). If you still can't tell, go to your Human Resources department and ask.

If you are hourly, like another person said, work only the hours you're supposed to, not a minute more. If you do work more, insist on documenting it so you get paid for it.

-Dorothy (LadyZolt)