we have a point system at work. if you are late 1 min. you recieve a point. sick, the same. then they drop your pay down a dollar for the rest of the week. is this legal?
2007-01-11 16:45:12 · 9 answers · asked by porky 1 in Politics & Government ➔ Law & Ethics
The company has a right to make policies but if these are not allowed under the law, it can be assailed in a case.
2007-01-11 16:48:35 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Maybe as long they apply it evenly to all nonexempt employees. although it sounds a little "fishy"
HOWEVER, they can never dock your pay out of proportion to your hourly wage -- like if you were five minutes late they couldn't dock you $5 unless you made 60 dollars an hour -- a dollar a minute.
By nonexempt I mean you work in a job that is eligible for overtime.
If they use that procedure on employees who they are not paying overtime -- then those employees could make a case that they are owed overtime payments for all the hours over 40 in a week they have worked in the past.
It does depend on the state -- it could be illegal in some. Checking State Department of labor is a good idea.
2007-01-11 17:03:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This policy should have been made clear to you before the start of your employment.
Check with the state where you work if it allows this kinds of deductions on employees salaries.
If its a yes for both statements, then it may be legal.
If its a yes and a no, then someone has to file in court to see which (contract or a limiting law) will be followed. The question that will posed in court will be; which is higher the freedom to contract or the law limiting the practice.
For me, we cannot enforce what is contrary to law. However there are some legal venues that have upheld the freedom to contract.
2007-01-11 19:06:47 · answer #3 · answered by gatwick100 2 · 0⤊ 0⤋
Piont systems are legal, though that is the most unusual form of one I have seen so far. If you agreed to be subject to it you may have a tough case. the state would have to step in to break up the party, and then they could sue them for lost compensation, but you will first have to have the board of labor investigate this. As long as then are not reducing your pay below minimum wage though it might just be legal.
2007-01-11 16:59:15 · answer #4 · answered by nyxcat1999 3 · 0⤊ 0⤋
NO! Sears tried this and finally had to revoke it. Each associate was to go into work sick, throw up somewhere to get sent home sick. Also if the weather was bad, travel not recommended, they were expected to try to get to work.
I would consult your local Labor Force or a lawyer.
2007-01-11 16:56:17 · answer #5 · answered by David S 3 · 0⤊ 0⤋
If they disclosed it to you when you were hired by the company. Many companies have employment agreements these days. By accepting employment with the company, you gave implied consent to work under those conditions.
Many company's have employment agreements these days. Basically, they basically have to tell you where all the policies are documented, published, and reviewable by yourself. They have you sign that you were informed of where to look at the employers policies, and by doing so, accepting employment, you are giving consent to work within the confines ofthe employers policies.
2007-01-11 16:51:46 · answer #6 · answered by ? 5 · 0⤊ 0⤋
Probably not in most states. Check with you local employment office, they can point you in the right direction.
2007-01-11 16:53:33 · answer #7 · answered by jack w 6 · 1⤊ 0⤋
I am sure they can get away with it somehow. Seems like you can do about anything anymore. I know that I would quit any job that did that to me the second they told me they were doing it.
2007-01-11 16:49:41 · answer #8 · answered by Memnoch 4 · 0⤊ 0⤋
No!
But if you signed and agreed to it in your contract, then there is not much you can do
2007-01-11 16:48:43 · answer #9 · answered by devsmash 2 · 0⤊ 1⤋