Understanding Time Clock Laws and Employee Discipline in NY State

Hello, I am a professional nurse who is looking for some advice on time attendance. I am currently experiencing a great deal of employment issues related to discrimination, harassment, and retaliation. I have recently been disciplined due to the fact that I have punched in on a time clock three times late in a 4-month period. I have been employed at this same job for 4 years.

My first late punch was 1 minute late, the second was 5 minutes late, and the third was 2 minutes late. I had memos handed in to administration explaining the 5 and 2-minute reasons for lateness due to the inclement winter weather. Another employee on the same day that I was 2 minutes late was also late. I know this because she walked in with me to work. This other employee was not disciplined or spoken to!

Does anyone know if there is a law regarding the allowance of the "seven-minute rule"? Is there such a rule? I thought in NY state you could punch in up to 7 minutes late without penalty, but perhaps I am mistaken. I am looking for any help I can get.

I believe that the "7-minute rule" is a function of the time clock. It allows you to be "on time" if you are within the 7 minutes.

You stated that you were "1 minute late," which means that you punched in 8 minutes after the starting time.

You did not mention the level of discipline that you received. Was it a verbal warning (counseling), a verbal reprimand, a written warning, or something more severe?

Tardy is tardy. The employer has the expectation that you will be on time reporting for work. You agreed to that condition by accepting the position.

If you are not there at the prescribed start time, the supervisor has no way of knowing whether or not you will be late or absent. In the latter case, he/she will need a replacement, someone to stay over to cover the shift, your shift. Usually on overtime.

In some situations, the minimum overtime is 4 hours pay at time and one-half. So if you are 1 minute late, the facility has to pay about 6 hours straight time.

As far as the co-worker is concerned, she could have notified the supervisor that she was going to be late. As long as supervision is aware of a problem, and not left guessing, they can be flexible.

On the other hand, she could be a longer-term employee with a better record than you, so in this instance, the supervisor chose to overlook it.