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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Employer Editing Timesheet

    My question involves employment and labor law for the state of: California.

    Our company recently switched to a hand recognition timeclock, and its come to my attention that a manager in the company is manually monitoring every employee's time in and time out, and modifying it according to this logic:

    If the employee was early, adjust the time to the expected start time (8:30).

    If the employee was late, dock the minutes.

    If the employee took less than 30 minutes lunch, adjust it up to 30 minutes.

    If the employee took longer than 30 minutes, dock the minutes.

    If the employee leaves late, adjust the time to the expected leave time (5:00).

    If the employee leaves early, dock the minutes.

    This has to be illegal, right?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Employer Editing Timesheet

    It is expected that you be paid for the time actually worked, so while it is not unreasonable for an employer to decline to pay you for time not worked (extra lunch time, late reporting), it is illegal to decline to pay you when you come in early or stay late.

    You'll want to contact California's Department of Industrial Relations, Division of Labor Standards Enforcement.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Employer Editing Timesheet

    If you are a non-exempt employee (seems so), you have to be paid for all time actually worked.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Employer Editing Timesheet

    This has to be illegal, right?
    I don't know whether it is the law or not, but I was a department manager for a large company at one time when the issue was raised, where something like what you described was done, when a worker made a stink about it. Basically, he says, he clocks in when he clocks in, and clocks out when he clocks out, and MUST BE PAID for every minute of it in between.

    We were a union shop and even the union recognized that the company can go broke if this happens, since you'll have no idea what the weekly pay would be if anybody comes and goes as they wished.

    So the following rules were made:

    - For a 9 to 5 schedule, you CANNOT clock in before 8:55. Everyone had to line by by the time clock at and after 8:55. If you clock in early, it's a violation, and you can get docked.

    - It is your responsibility to clock in and clock out one hour for lunch.

    - You must clock out such that it'll be an eight hour day. There was a leeway of 5 to 10 minutes.

    Anyone who clocks in and out that results in more than the 8 hours day will get written up, asked to go down to personnel, and got "docked" some pay as punishment for working "unauthorized overtime". I would have to write an authorization for overtime if that happens, but I can get into trouble for going over the budget, so I often can't allow it.

    It was a pain in the @ss for most workers, who had no problems before, but just to keep this one complainer happy, everyone else had to suffer.

    I don't know whether it would be such a good idea to put your fellow workers through this. Everyone in the place hated the new rules.

    No one got extra pay out of this, in fact, many people got docked, and managers got a lot more papwerowrk.

    To the complainer: "Thanks a lot, are you happy now??".

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