suspending / Terminating - Compensation

I am in New York State.  When suspending or terminating an employee after the start but before the end of their shift...what is the approiprate hours to pay them. For example;  15 minutes after employee punches in they are suspended - do we pay for 4 hours or because their behavior caused the action do the clock out and get paid for just that time, or the full 8 hour shift?


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  • It appears you are asking about a nonexempt employee. I don't know the law in New York, but federal law requires you to pay nonexempt employees for all "hours worked." I believe you'd have to pay the employee for all the time he/she worked that day--and no more than that.  If you have a policy on this, you should follow it.  If you don't, you should develop one so it can be followed consistently.
  • Generally, New York requires employers to pay workers for reporting to the workplace, even if the employer has no work for them to do. An employee who is requested or permitted to report for work on any day must receive at least 4 hours' pay or, if the scheduled shift is shorter than 4 hours, wages for the number of hours in the shift.

     But this should not aply to terminated employees. You need only pay them for the hours worked. Wages must be paid to all separated employees no later than the next regular payday for the pay period during which the termination occurred.

    As for suspensions, Effective August 23, 2004,under federal law, deductions from the pay of exempt employees may be made for unpaid disciplinary suspensions of 1 or more full days imposed in good faithfor infractions of workplace conduct rules. The employer must have a written policy applicable to all employees in order to do this. For example, an employer may suspend an exempt employee without pay for 3 days for violating a generally applicable written policy prohibiting sexual harassment or workplace violence.

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