Is this legal, or does it sound fishy to you?

Question

My fiance's employer (who has done some fishy things before, like altering hours in the computer system, trying to get employees to take "partial" overtime payment under the counter, etc) has passed out a paper to all of the employees. Basically it says that effective immediately, if an employee is seen on a cell phone or making personal calls on the business phone, they will be docked 15 minutes of pay. Is it legal for an employer to alter hours like that? I thought that employers could write employees up and fire them, but that altering hourly pay was off-limits. I can't seem to find anything on the labor laws in PA regarding this, everything I find involves salary employees rather than hourly.

lcr000 · Accepted Answer

you are partially correct , but if someone is on a cell phone or making personal phone calls why should the employer pay for their time, there is no law that says he must pay them if they are not working so therefore he can dock them if the do not follow the rules

kapn · Answer

Perhaps.........but by using the cell phone on company time is "stealing company time" ....personally........ I would warn each employee and present a termination agreement if the policy is violated.....an emergency contact will be provided.....in other words.........if your caught stealing company time by using your cell phone........I'm gonna can your @ss..........this is a business and your here to work not chat.......

Judy · Answer

No, not legal to dock your pay, although they could legally discipline someone or even fire them.

This is federal wage and hour law, not specific to PA.

Slickterp · Answer

They can't take pay.  They can write up and fire, but they cannot take pay.

Depp fan · Answer

I think as long as employees have been warned, employers can do that.

Josie · Answer

That doesn't sound right. I don't think they can do that..

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Is this legal, or does it sound fishy to you?

6 Answers