Employment Law Question

I am working as a tutor at a very high-end learning center this summer. I am non-exempt, and so clock in and out. I am scheduled to work 8-5 daily, with one hour unpaid for lunch.

A few days ago, one of the students did not come in because he was sick. I was scheduled to work with him at 2 pm. I returned from lunch for my 1:00 session, and at 2 was told he would not be coming, so I should clock out for the hour.

I waited a moment, and then asked, "Is this really the policy? That my pay is docked because a student doesn't show up?"

The young manager, likely caught in the middle, said, "Well, we charge by the hour, so we can't bill them if he isn't here."

I clocked out, and then back in at 3. I haven't said anything yet, but it really bothers me. They charge more than 5x what they pay the tutors, and they didn't even let me get out early...I was still needed for the following two hours.

Was this legal?

Employment law usually varies by state, so it may depend on the location.

I would think a lot would depend on any written contract or policy that you were given upon being hired, and how the position was advertised - i.e., did they specifically state 40 hrs/week in the job description.

Also, it's possible that they are charging the student if they have a policy that customers who cancel within a certain number of hours before the appointment will be charged for the appointment, so I'd look into that.

Not sure if this is a legal issue, but at the very least it is a communications problem.

Thank you, apple. I am not contracted for 40 hours a week. There have been a few days that I have only been scheduled for 7 hours. But in this case I was scheduled to work 8-12, off for lunch until 1, then scheduled to work 1-5. At 2, I was told that the kid wasn't coming in, so I should clock out for the hour. 

Your question belongs with NJ Department of Labor, hours and wages division.  If they believe you are right, maybe wait until end of summer before filing.

Contact them. That way, you will know what the situation is if this repeats.

I know a speech therapist contractor in NYC who has the same problem. Kids don't show up, she doesn't get paid by the agency.

Do your conditions of employment in this job state that you are to be paid by the client-hour or is your pay computed based on your being at work for x number of hours per week?  Does this definition of your compensation appear anywhere in writing?  What were told/given when you were hired?  What I find interesting is that you were told to clock out when your client failed to appear for the scheduled session and then clock in when your next client arrived.  What would have happened if you had refused to do so?  Could this instruction have been an attempt on the part of management at your location to circumvent corporate policy by documenting that you were not at work during the hour in question?  Is there possible evidence here of an unfair labor practice?

Don't many businesses charge a client an nonrefundable fee if they fail to appear for an appointment? I'm a bit surprised that your employer would not possibly do this and thus be able to pay you (although it seems to me that they should pay you anyway since your time is valuable).

joan_crystal said:
Do your conditions of employment in this job state that you are to be paid by the client-hour or is your pay computed based on your being at work for x number of hours per week?  Does this definition of your compensation appear anywhere in writing?  What were told/given when you were hired?  What I find interesting is that you were told to clock out when your client failed to appear for the scheduled session and then clock in when your next client arrived.  What would have happened if you had refused to do so?  Could this instruction have been an attempt on the part of management at your location to circumvent corporate policy by documenting that you were not at work during the hour in question?  Is there possible evidence here of an unfair labor practice?

 This is a really interesting point.