I’m off for the vacation, so right here’s an older publish from the archives. This was initially printed in 2018.
A reader writes:
My firm has a ridiculous late nice coverage: you may be fined $2 for each minute, ranging from 9:01 a.m. So in the event you are available at 9:05 a.m., that’s $10 you gotta pay up in money. (This isn’t someplace the place down-to-the-minute protection can be important. It’s simply typical deskbound, back-end work. I can see why the receptionist who will get the calls will have to be there smack on the dot, however the remainder of us — probably not.)
I’ve been right here for over a yr, and have been fined perhaps thrice. They had been for 9:01 a.m., 9:02 a.m. and 9:08 a.m. I used to be intensely irritated and embarrassed, however okay, I can nonetheless take up the $2-$16 monetary pinch.
I hate this coverage as a result of it nickel and dimes staff all the way down to the primary minute, and at a really excessive price. I hate this coverage as a result of coming in at 9:01 a.m. doesn’t makes you any much less productive than the dude who got here in at 9:00 a.m., whose bloody laptop continues to be beginning up.
A number of days in the past, I overslept for the primary time. I one way or the other slept by way of my standard TWO alarms and awakened with a begin at 8:30 a.m. — an hour late. I instantly texted my supervisor that I had overslept and requested if it was attainable to get an emergency, UNPAID, half-day depart. I had calculated that coming in an hour late would end in a $120 nice, which is painfully tough for me to soak up. I’m a junior worker.
My supervisor stated no. She wished me to return in anyway as a result of “it’s the precise factor to do.” I cried some tears of frustration, however informed her okay and rushed like hell down, however not earlier than racking up 45 minutes price of late nice — $90.
Alison, I perceive that she desires me to be punished accordingly. I settle for that sleeping by way of two alarms was all on me.
On the similar time — and I don’t know if this issues — I’m a comparatively excessive performer at work. I really take pleasure in what I do and do a good job at it. I simply acquired a glowing annual appraisal and acquired publicly recommended by the director, despite my younger age (that is my first job out of school) and junior place. Moreover, I work time beyond regulation each day as a result of my workload is excessive, although we don’t get any time beyond regulation pay. And I’m not chronically late — this was my first time oversleeping.
And but, my supervisor rejected my request for an UNPAID, half-day depart. Technically, she is true and I deserved it. However I don’t suppose being rigidly strict right here was warranted. Am I simply entitled for feeling this fashion? Should you divide my month-to-month wage by 30 days, $90 is what I earn in in the future. I should cough up a complete day’s wage (price three weeks of lunch bills!) for this, and my supervisor was cool with that? I’m fuming, but I don’t know if I’ve the precise to be.
A part of me desires to speak about this with my supervisor to see if it might’ve been dealt with in a different way — if I might’ve been given the unpaid, half-day depart. Is that this price revisiting along with her about, and if that’s the case, how ought to I strategy it?
That is utter bullshit.
I’m IRATE over this.
Should you’re not in a job the place protection issues (like one the place you have to reply telephones or meet with shoppers beginning at a exact time), then it actually, actually doesn’t matter in the event you’re two minutes late. I might suppose it was ridiculous for a supervisor even simply to have a stern discuss with somebody for being two minutes late in a job the place it doesn’t have any sensible influence — however fining you?
No.
You’re a skilled grownup holding down knowledgeable job. The complete idea of fining you is offensive and ridiculous.
In case your supervisor has an issue together with your time of arrival, she will be able to do what a good supervisor would do and discuss to you about it. If it continues after that, she will be able to resolve what the results are. However they have to be regular work penalties (as much as and together with firing you if it’s that large of a deal, though I’m skeptical that it must be) — it may possibly’t be digging by way of your pockets and taking no matter money she finds there, or insisting you chop off two inches of your hair, or that you simply change your identify to Xavier Sebastian Pumpernickel. And it may possibly’t be making you flip over your individual cash for the privilege of working there.
Or at the very least it shouldn’t be.
Legally, although, in a number of instances it could be allowed. I talked with employment lawyer Donna Ballman, creator of the wonderful ebook Stand Up For Your self With out Getting Fired, who agreed that federal legislation does permit this, as lengthy the nice doesn’t take your pay for that interval under minimal wage. However she famous that you simply would possibly dwell in a state that prohibits it, and it’s price checking into that. Additionally, in the event you’re non-exempt, they will dock your pay for the precise time you had been late … though in the event you’re exempt, that docking might negate your exempt standing, make you successfully non-exempt, and imply that you simply’d be entitled to time beyond regulation pay if you work over 40 hours in per week. (There’s an evidence about exempt and non-exempt right here, however the gist is that “exempt” is a authorities classification which means that the character of the work you do makes you exempt from receiving time beyond regulation pay. Should you’re exempt, they will’t dock your pay if you work fewer hours. In the event that they do this anyway, they will find yourself owing you time beyond regulation pay, together with retroactively.)
Donna additionally identified: “The opposite factor I’d say you’d have to take a look at is the rationale the worker was late. If it was to take care of a sick youngster, partner or dad or mum, then punishing them would possibly violate FMLA. If it associated to a incapacity, then they may be violating the Individuals With Disabilities Act. If it’s utilized inconsistently, then different discrimination legal guidelines might kick in. I’d say an employer doing that is, primary, a horrible employer, and, quantity two, taking an enormous threat that they’re violating some legislation.”
As for what you are able to do right here …
First, it’s price trying into the potential authorized points Donna raises. If there’s a authorized violation right here, your employers deserves to have somebody pursue it.
Second, look into whether or not you’re appropriately categorised as exempt. You stated you don’t get time beyond regulation pay even if you work time beyond regulation, which suggests they’re treating you as exempt. I might wager good cash that they’ve misclassified you (which many employers do), particularly contemplating that that is your first job out of faculty and first jobs usually don’t meet the bar to be exempt. And if that’s the case, they owe you a ton of time beyond regulation again pay. Even in the event you finally select to not pursue that, it could be actually useful leverage to have in any discussions concerning the fining.
Third, recalibrate your expectations. As a result of that is your first job after school, you may be considering that is extra acceptable than it truly is. Nevertheless it’s not regular to handled salaried professionals this fashion. It’s not one thing you need to anticipate finding at future jobs. It’s not one thing try to be okay with now.
And you’ve got each proper to be fuming about that $90 nice. You aren’t being entitled. You’re being completely, totally affordable.
So fourth, return and discuss to your supervisor. Say one thing like this: “I’m asking you to waive this $90 nice. $90 is what I earn in a day. I can’t afford to pay again a complete day’s wage. I work time beyond regulation each day, and it is mindless for me to work lengthy hours after I’m not given even a minute of leeway on the opposite finish. I’m not chronically late, and I do wonderful work. I don’t suppose I must be topic to a monetary hardship for a one-time prevalence.”
Fifth, take into account pushing again on this whole abhorrent coverage with a group of your coworkers. Individuals have unionized over much less.
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Learn an replace to this letter right here.
