Legal Question in Employment Law in Maryland

My family owns a small business in Maryland and we are having trouble with some employees who are consistently tardy to work. They are hard workers and we do not want to let them go, but their tardiness effects their work as well as the work of 2 other men, because they have to take a shop truck out to a jobsite with these other men. In essence when one employee is 15 minutes late we are actually losing 45 minutes of work. Is it legal to deduct 45 minutes of pay from the tardy, non-exempt employee?

Is it legal if we create a contract that states the following: if the employee is over 5 minutes late 2 times in a 6 month period that he or she will be given a written notice that goes in his/her employee file. Any tardiness over 5 minutes after those 2 initial times within the same 6 month period will result in a 45 minute pay deduction for each account of tardiness.

or

Is it legal if we notify the employee after 3 accounts of tardiness in a 6 month period that they will have a pay change of -$1/hour for a 30 day period following their 3rd tardiness. These are all non-exempt employees, and the deductions will not result in the employee being paid under minimum wage.

Thanks for the help,

L


Asked on 6/15/10, 8:47 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Generally speaking, employers must pay for time worked so significant legal problems attend the proposal to dock 45 min for an employee 15 min late. What remedies you have for a tardy employee will depend on various factors, most notably whether they are an at-will or contract employee.

Note that this post is not legal advice and you may find it helpful to consult with an attorney who can help you craft a good employee management policy.

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Answered on 6/22/10, 1:00 pm


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