Is This Wage Theft?

[Gimesalot]

I have recently started a new assignment where I have to clock in and out.  Using this system, my movement in and out of every building is tracked. 

So I have run into an issue,  yesterday I arrived 14 minutes late to work, at 7:44 am.  In order to make up for the time, I stayed 17 minutes late leaving at 6:17 pm.  Using the timekeeping system, I am shown to have been at work for 10.55 hours and I will only be paid for 9.75 hours.  Of course 30 minutes are taken out for lunch, but the other 15 minutes deducted are a "penalty" for being late. 

Since I am an exempt employee, I believe that this "penalty" is in fact wage theft.  I have spoken to others in the same situation and they say that it's just part of working here, that you won't be paid for all your time on-site. 

I tried to do some research on my own, but I am overwhelmed by the jargon.  Lawyers of MMM, is  this a form of wage theft?  Are employers allowed to deduct time off your pay as a penalty for being late?

[CNM]

I'd contact your local government labor department. 

[bobechs]

You don't need an attorney to tell you that there are fifty states in the United States, each with its own set of statutes and common law.  There is also a federal government, and several territories and insular p[osessions, each with their laws.

The number of countries in the world is always in flux, so there is no point enumerating all the possibilities there.

You have elected to withhold all information about where you may be, or may be working and you want free legal advice.

Sorry, I can't (and won't, and I'm not really sorry) help you beyond this more or less random link:

http://hrdailyadvisor.blr.com/2006/01/01/wage-and-hour-can-we-dock-the-pay-of-tardy-employees/

[Northwestie]

Sorry, I can't (and won't, and I'm not really sorry) help you beyond this more or less random link:

http://hrdailyadvisor.blr.com/2006/01/01/wage-and-hour-can-we-dock-the-pay-of-tardy-employees/

This is why we luv lawyers

[Gimesalot]

You have elected to withhold all information about where you may be, or may be working and you want free legal advice.

Sorry, I can't (and won't, and I'm not really sorry) help you beyond this more or less random link:

http://hrdailyadvisor.blr.com/2006/01/01/wage-and-hour-can-we-dock-the-pay-of-tardy-employees/

The link was good information and it appears as if exempt employees are not allowed to have time deducted form their pay in this method.  I did not ELECT to withhold information, I just didn't realize it was relevant.  I am in New Orleans, Louisiana.

By the way, I am more than willing to pay for legal advice but I don't even know if this is worth consulting a lawyer because it may be common practice.

FYI, you could of just asked where I am located.

[bobechs]

You could have just said.

You're welcome.  You got what you paid for.

[bacchi]

The link was good information and it appears as if exempt employees are not allowed to have time deducted form their pay in this method.

Google "touch the wall exempt employee."

But something doesn't make sense. You get paid an exempt salary. How can you be paid for only 9.75 hours? You should get the same paycheck each and every week. Are you sure you're exempt?

[Northwestie]

You could have just said.

You're welcome.  You got what you paid for.

Or, some kind lawyer ( I know) could chime in with some general advice and then offer -- you also should seek legal council.   I don't feel sorry either

[Gimesalot]

Yes, I am exempt because I do not get overtime, just straight pay, and I fall into the professional category as an engineer.  I have to clock in and out because I have been assigned to a client's site.  This was not an issue at my previous work site.

Bacchi, thank you for your help.  This is exactly the type of information I needed.  Sounds like I have an appointment to make for Friday. 

[MrsDinero]

I have to clock in and out because I have been assigned to a client's site.  This was not an issue at my previous work site.

Are you working as "consultant" right now?  Meaning you are employed full time by your parent company but are hired out to work at a client site based upon a contract or statement of work?  If you are then that could potentially change things (depending on your state). 

[Gin1984]

Penalties are not legal per Fair Labor Standards Act which is a federal law.  Under federal law you must be paid for hours worked (unless you are OT exempt but then you must get the same wage regardless of hours worked).
So from FLSA:
An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions).

[Gimesalot]

I have to clock in and out because I have been assigned to a client's site.  This was not an issue at my previous work site.

Are you working as "consultant" right now?  Meaning you are employed full time by your parent company but are hired out to work at a client site based upon a contract or statement of work?  If you are then that could potentially change things (depending on your state).

Yes. I guess based on your usage, I count as a consultant.  I looked through the contract between my employer and client and there is nothing in there that would suggest a deviation from my exempt status, but as has become obvious, I am not an expert in these matters.