Context: I work remotely and I'm required to use Hubstaff to track my activity. For those unfamiliar, Hubstaff tracks all your mouse clicks, keystrokes, etc, and tabulates your work output into a percentage at the end of the day. My boss sent out a memo today telling everyone to “…please be conscious that 65% or greater is equal to 100% of whatever your rate of pay is and a productivity of less than that will reduce your rate for the period only”.
Is my boss within her rights to do this? Can she dock wages based on performance? Or is this wage theft/illegal in some way? I'd like to have something to back me up before I confront her about this.
Edit: I am waged and work in the US.