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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > charging money for time card missed punches?

Employment Law - charging money for time card missed punches?


Expert: Shirley McAllister, CPP, PHR - 7/7/2009

Question
I work for a car dealership and our supervisor has put a bucket out that we are to put a dollar in for missed time punches, when he has to correct our timecards. When we have enough money we buy pizza for the whole shop for lunch. While I understand this is all in good fun, some of the employees are grumbling that it is illegal. I agree, but I searched the California labor laws website and found nothing of help. Thank you for your time.

Answer
It is illegal if the employee is made to pay the money. If someone does not pay it in than the employer cannot force them to do so. If they are forced to do so it is illegal. It would be considered an illegal deduction even though it was not actually deducted from the paycheck.


In the same instance those that do not participate should not participate in the pizza party.


Since the amount is so small I don't think the Department of Labor will take it very seriously.

Actually if an employee has to put it in that much he is not doing his work well because part of the job is to punch in and out. That could actually be considered a violation of policy and the employer could discipline the employee for not punching in and out by writing him up.

Shirley

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