Fresno, CA asked in Employment Law for California

Q: Can my employer dock pay when I'm late to location I would've arrived early to if my time wasn't changed without concent

I work for an Amazon freight partner. (Class A Driver) Amazon has a habit of changing our arrival times while we are driving. If we planned to get fuel, or stop for lunch, we end up being late. They have a training telling us to plan our routes accordingly, then change them in the middle of our shift with no contact to the driver. I want to know if this is legal. Then my company will mess with our pay if we are late to our location. Can they do that when the original plan the driver made would not have been late?

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: It sounds like you're dealing with a frustrating situation where your employer is changing your work schedule without notice, which impacts your ability to plan your stops and meet your arrival times. In California, employers generally cannot change an employee's schedule without giving adequate notice. If this sudden change affects your pay, there may be grounds to challenge it, especially if the delay wasn't due to your actions.

California labor laws protect employees from unfair wage deductions. If you were not responsible for the delay because the employer changed your schedule or route without proper notice, docking your pay might be considered unlawful. Employers must provide clear guidelines and reasonable expectations, and changing these mid-shift without communication might violate these standards.

You may want to document every instance of these changes and any pay deductions that follow. Consider reaching out to a labor rights organization or consulting with a legal professional to better understand your rights and potential next steps. It's essential to gather all the facts and keep a record of your experience to protect yourself in case of further disputes.

A: It is never okay for an employer to punish an employee by taking away earned pay. If that is what you mean by docking pay, the employer is engaging in unlawful activity. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Finally, please note that Mr. Arrasmith's AI "assisted" response is wrong and should be viewed with caution. It says "In California, employers generally cannot change an employee's schedule without giving adequate notice." This is not true. The employer of an at will employee can change the terms and conditions of employment at any time and for any reason or even no reason at all. There is no requirement of "adequate" notice. The change can occur immediate upon notice. His answer also says "Employers must provide clear guidelines and reasonable expectations, and changing these mid-shift without communication might violate these standards." This is also a misstatement of California law. The employer of an at will employee does not have to provide any guidelines nor does it have to have reasonable expectations. AI is not all it is cracked up to be. Even this posting attorney says at the bottom of his fine print disclosure on another site that “artificial intelligence is oftentimes incorrect and should certainly not be relied upon in any way, shape, or form.” I could not agree more.

Good luck to you.

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