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My job recently created a new policy where if we punch in late by even a single minute, we get a write up and after three times we get hit with their three strike rule. The three strike rule states that our pay will be docked to the half hour (so if I punch in at 7:31 instead of 7:30, they dock my pay to me punching in at 8 instead) and they require us to also stay thirty minutes past our shift unpaid. This doesn't seem legal to me? I'm in New York State.
Before the remarks telling me not to be late, I know. They also yell at us for not punching in early if we're there early. They've stated it's "unfair and rude" to be in our cars on our phones and that if we don't want to work early we should get there right on time.
Thanks in advance for any insight!
Not a lawyer
Start by looking for a new job. Thats a toxic place to work even if they never enforce that policy properly. (Aka the "everyone is working extra unpaid voluntarily, and the management had no idea you weren't clocked in." Claim.)
Get a copy of it or enforcement of that policy in writing. (A picture of policy, write-ups, and texts work.)
NY is also a one party consent state so if your boss is calling you in to a meeting you can click on your recorder and never mention it so long as you are a member of the conversation. (You would be the one party consenting to the recording.)
Recording in areas where there isn't an expectation of privacy. (Lobby, sales floor, kitchen, basically anywhere you are that has the likelihood of having uninvolved people.) Is generally admissible.
Just know you will likely be fired for doing any of this, but if you can catch it in any way. The lawsuit and back pay will more than pay for the lawyer and time off also if you're already looking for a new job getting fired doesn't suck as much.
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