Is it legal for employer to charge for lost timecard?

[Crossfire]

What is the name of your state (only U.S. law)? California

Hi,

My employer has a policy that if you lose your timecard they will deduct your wage by twenty dollars. Over the past 12 months, I have misplaced my timecard a few times and twenty dollars here and there has really added up.

I recently read online (about.com) that California's Labor Code Section 221 & 224 prohibits this type of deduction(s). I understand laws can be very complex and websites can easily be misquoted or misinformed. If I may get your opinions on this, I would appreciate it immensely .

P.S. When I brought this up to my supervisor, I was shocked to get reprimanded and was warned to keep this between myself and the Human Resources Department. I'm not sure if it's wise to pursue this, but if this is illegal then there are a lot of other employees that would be effected by this policy.

 

[pattytx]

That's the way I read it. California law is VERY restrictive regarding deductions from pay.

 

[ecmst12]

Next time you lose your time card, they could just fire you instead of docking your pay.

 

[pattytx]

Agreed.

And how are time cards getting "lost" anyway?

 

[Crossfire]

Yeah I understand I could get written up or terminated. But that's fine because it's within the law and I can't complain about that.

Current policy is:

If you forget your card at home. You pay $20.
If your get gets stolen. You pay $20.
If the card no longer works because of wear and tear. You pay $20.

And paying $20 isn't a pass on getting out of trouble. You still get the write ups & threats of being fired on top of having to pay.

Really theres a lot of issues I have with my employer. I'm just trying to get a list of everything their doing wrong. I think they me also breaking telemarketing laws. For example, they don't notify customer's they call that it's a sales call. Sales people will actually say, "No I'm not here to sell anything I'm just a consultant" when they in fact are in a sales position and get paid on comission. They don't tell customers that their going to be charged for trying our products and that it's a 1 year contract.

Of course when they do see charges on their statement they call to complain. We then transfer them to our cancellation department which is a voice mailbox and someone gets back to them in 2-3 weeks (average). This leads to a high number of charge backs and small claim suites, but it doesn't seem to bother the company.

I'm hoping that if I can get enough issues confirmed as being illegal then I could report it to a goverment agency. This isn't something I'm planning on pursuing legally because I can't afford the legal fees. -- However I wouldn't mind passing out flyers or emails around to employees who do have the resources to fight it.

 

[j991]

As I understand it, the employer can charge you for losing the timecard, as that is negligence on your part. If the card is stolen, or becomes inoperable (not due to negligence) then the employer cannot charge your for it. The company is responsble for whatever equipment that they require you to keep as part of your job.

 

[pattytx]

As I understand it, the employer can charge you for losing the timecard, as that is negligence on your part.

I wouldn't be so sure about that. Only if it's gross negligence.

gross negligence
"Gross" negligence has been defined as an extreme departure from the ordinary standard of conduct, as an entire failure to exercise care, as the exercise of so slight a degree of care as to justify the belief that there was an indifference to the interest and welfare of others, and as that want of care that raises a presumption of conscious indifference to consequences. A determination of gross negligence is a legal conclusion that can only be arrived at by a court of law.

The distinction between ordinary negligence and gross negligence amounts to a rule of policy that a failure to exercise due care in those situations where the risk of harm is great will give rise to legal consequences harsher than those arising from negligence in less hazardous situations.

http://www.dir.ca.gov/dlse/Glossary.asp?Button1=G#gross negligence

In any case, I've been in the working world for nearly 35 years and I've NEVER seen a company where time cards were not left at the place of business. Why are time cards being taken home?

 

[Crossfire]

You can't get into the building without a card. Theres no security guards. Its kind of like when you get a room at Vegas, where all the doors have key card locks.

Your required to take the card home. The cards are nothing fancy. Plain white plastic cards with no identification marks.

 

[CourtClerk]

Yeah I understand I could get written up or terminated. But that's fine because it's within the law and I can't complain about that.

Yeah, in this economy, especially in this great state of California, I'd MUCH rather be completely out of a job, instead of $20......

 

[pattytx]

You can't get into the building without a card. Theres no security guards. Its kind of like when you get a room at Vegas, where all the doors have key card locks.

Your required to take the card home. The cards are nothing fancy. Plain white plastic cards with no identification marks.

Your security badge acts as your time card also?