Human Resource Blog

Employer Deducts Pay

Hello, I live and work in Massachusetts and was wondering if it is legal for an employer to deduct 5 minutes everytime you punch in or out. (His justification is that it takes 5 minutes to get from the door where the system is to our workstation and begin work)

So I basically lose 5 minutes in the morning, before I clock out for lunch, when I clock back in from lunch, and when I leave for the day. A total of 20 minutes docked a day, which comes to 3 hours and 20 minutes per pay period (every two weeks).

Thanks for the help!

No, this is probably not legal under either Massachusetts or federal law. Under both laws, the employer must pay the employee for all hours worked. That would generally include time spent walking from the time clock to the employee’s work station.

 

 

After all, it’s not the employee’s fault the time clock is so far away. If the employer wanted to, he could install a time clock next to each workstation. Workers shouldn’t be penalized for his failure to do so.

 

Violations could be reported to the Massachusetts Division of Labor and Workforce Development or the Wage and Hour Division of the US Department of Labor.