Tulsa, OK asked in Employment Law for Oklahoma

Q: Employer gives points if clock in 5 min early/late. I have to get by lap top out plug it in and start it up wait for the

for the system to pull up which really means I'd need to get to work early to meet the requirement. Can they do this?

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2 Lawyer Answers
Kyle Persaud
Kyle Persaud
Answered

A: In general, in Oklahoma, employers and employees are free to make agreements with each other, as long as the agreements are not unconscionable.

If your employer told you that, if you clocked in late, you would have your pay docked, this is not unconscionable, even if your laptop is slow.

The only possible way I can see, that your employer did anything illegal, is if your employer ever made you any promises as to when you could come to work without having your pay docked. If your employer has promised that you could come to work on time without having your pay docked (even if your laptop was slow) then you may have a claim that your employer breached his promise.

However, your only way to collect damages from your employer for this, would be to file suit against your employer in court. The damages you collect (even if you do collect, which you probably won't) may not be much. You'd have to spend a lot of money and time filing suit too. So, a lawsuit probably wouldn't be a good idea even if your employer has breached his promise.

Are you a union member? If you are, check with your union about regulations.

If you are not a union member, talk to your employer, explain the situation to him, and see if you can work out an arrangement. That, I think, is your best option under the circumstances.

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