Is it legal to dock an employee's pay for violating a policy?
In Hawaii, employers may legally dock an employee’s pay for violating a policy. Generally, an employer must have a formal written policy and must have notified the employee of the policy before the policy violation occurred. The policy must be reasonable and the employer must be consistent in how the policy is enforced. The employer should provide a fair warning to the employee and provide a reasonable opportunity for the employee to correct the violation. The employer must also follow the terms of any relevant collective bargaining agreement, if applicable. The employer should document the violation, policy, and any warnings and disciplinary action taken. Finally, the employer should not dock an employee’s pay if the violation is minor and does not affect the employer’s business. Instead, the employer should provide a verbal or written warning. It is also illegal to dock the pay of employees who are exempt from the federal Fair Labor Standards Act such as administrative, professional, or executive employees. In general, employers may legally dock an employee’s pay for violating a policy. However, the employer must still follow certain requirements in order to do so. It is important for employers to be aware of their obligations under the law regarding wage and hour policy violations.
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