I work in the same position and with same job description as other employees. We have to clock in and out at the start and end of our shifts. The clock in and out system is directly tied to our pay: so if we clock in 1 minute late, we get paid one minutes less and conversely if we stay 1 minute late we get paid 1 minute more.

New employees aren't on this system. So they can leave early and still get paid the full 8 hours. I think management is trying to say it's an error in on boarding but it's been a month. Further, when doing the closing shift we are told to finish the closing duties as quick as possible and clock out as quick as possible (probably so the company saves money). A lot of these duties are subjective when they are completed, so it's like new employees have incentive not to leave early and still get paid 8 hours.

Is this legal or some type of discrimination?

  • Discrimination against whom? Old (as in having worked there a long time) employees are not a protected class. Commented Aug 2, 2021 at 11:40
  • 1
    You seem to be confusing fairness with legality. What sort of law do you think might exist to dictate a company has to make all of it’s employees punch a clock instead of allowing some to record their time some other way?
    – ColleenV
    Commented Aug 2, 2021 at 11:48
  • 4
    Have you seen the new peoples' contracts to compare them with yours - they might be totally different. You could ask your manager if you could work under the same rules as new employees
    – mmmmmm
    Commented Aug 2, 2021 at 21:24
  • Are the non clocking people Salary instead of hourly? Those salary are on a flat payment basis, no overtime is paid ever.
    – Trish
    Commented Aug 3, 2021 at 11:06

1 Answer 1


It is not illegal to treat the employees differently. As long as nobody is being paid for less than the time worked, this is legal.

Treating employees differently because of protected characteristics is unlawful discrimination. However, the duration you have worked there is not a protected characteristic.

It is perfectly legal for the employer not to mandate new employees clock in and out. It would even be legal (if not a great idea) to hire new employees for twice as much.

  • Comments are not for extended discussion; this conversation has been moved to chat.
    – feetwet
    Commented Aug 3, 2021 at 16:18

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