Legal Question in Employment Law in Maryland
Being late for work
My employer has put into effect the following for being 5 minutes or more late. I just want to know if they can dock the checks as much as they say. I also want to know if all procedures should be signed off by employee or can they just e-mail the information to us.
The procedure is as follows word for word:
Effective immediately, unwarrented tardiness will be subject to a fine deducted from gross pay, as follows:
First two instances of five-minutes or more during a six-month period: Reprimand
Subsequent instances within a six month period:
5 - 15 minutes late: $20 fine
16 minutes or more late: $50 fine
Can they take this much out or can they only take out the appropriate amount to the appropriate pay on the fraction of the hour the employee was late?
2 Answers from Attorneys
Re: Being late for work
Off hand, I do not know if any Maryland court has ever ruled on this issue of late fines. There are at least three areas, though, where the employer could potentially be courting trouble.
First, under the federal wage and hour law, which is called the Fair Labor Standards Act (FLSA), as well as Maryland wage and hour law, employers may not dock exempt, salaried employees' pay. So the new policy should make clear that it applies only to non-exempt, hourly employees. (These are the people that are legally entitled to overtime for working more than 40 hours in a workweek.)
Second, the law naturally states that employees must be paid for their work. Your question instinctively hones in on this by asking whether a fine can be levied without being proportionate to the amount of time lost. In other words, a $20 fine for 5 minutes lost means that the employee will not earn his or her full hourly wage for that particular day.
For example, if an employee makes $10 per hour but is fined $20 for missing 5 minutes, then the employee is basically working 1 hour and 55 minutes free.
Third, Maryland law only allows deductions for 4 reasons - if court ordered, if authorized in writing by the employee, if allowed by the Commissioner of the MD DOL when the employee has received consideration for the deduction, or otherwise as allowed by law. None of these seem to apply, although the employer may argue that consideratin exists (such as not firing the employee for being late), or the deduction is in fact allowed by law.
There are at least five steps you can take here. 1) Call your HR department and ask them whether this policy has been deemed legal under the federal and MD wage and hour laws. If so, how do they figure? (This might not be looked upon kindly, though, if your company does not have an "open door" type of environment, so tread carefully.)
2) If you are represented by a union, ask for their opinion/advice.
3) Check with the MD Department of Labor. Their site is http://www.dllr.state.md.us.
4) Follow up with an attorney. If you are interested, you can call me for a free consultation. We can go through the pertinent facts and then, if appropriate, we can determine whether the employer's plan is in fact illegal.
5) If you have been fined, file a complaint with the MD DOL or bring a private lawsuit. Triple damages plus attorneys' fees are sometimes available in wage and hour cases.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Being late for work
This all depends on several matters, such as:
* Does the employer have a special need for timeliness (i.e., as large capital investment in a line assembly environment or where a team of labor is needed for the job),
* Has the employee agreed to do such in writing?,
* Is there a contract of performance that lays out similar guidelines?,
* Is there an HR Department? Is so you may want to inquire there, but be easy here,
Otherwise you may want to hire an attorney and pursue the matter if you feel your pay has been illegally withheld.
G. Joseph Holthaus III
(410) 799-9002
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