Legal Question in Employment Law in California

Time clock and pay

My company installed a timeclock for the I.T. department. We are docked if we leave even 10 seconds early or arrive late. However, we are not paid if our boss makes us start work early, attend meetings during lunch, or stay late because he says we are ''salaried''. Is this legal?


Asked on 8/24/07, 12:15 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Time clock and pay

Probably not. File a claim with the Labor Commissioner. Contact me if any of you are retailiated against or fired as a result of standing up for your rights.

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Answered on 8/24/07, 2:09 pm
Thomas Pavone Pavone & Cohen

Re: Time clock and pay

Salaried employees are never docked for leaving early or arriving late. The employer's "salaried" scheme may be unlawful, especially if the IT department employees work overtime (more than 8 hours in a day or 40 hours in a week) and are not paid overtime premium pay. You may want to speak to an experienced employment attorney about the employer's compensation policy to determine whether you are being paid properly. Feel free to contact my office if you want to discuss this further.

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Answered on 8/24/07, 2:17 pm


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