overtime

sohappytobe

I have employees who are clocking in early and out late by about 15 mnutes to 30 minutes. I know that they are not working, but sitting around shooting the bull. Do I have to pay them overtime? Can I write a policy stating that no overtime will be paid without prior approval? Is that legal? I'm in Louisiana.

Thanks,
Tina

deniseE

I don't know about the state laws, but we do have a policy that hourly employees may not clock in before the start of their shift. We provide a 5 monute leeway on each side since this policy creates a "run" on the time clocks...but we've managed to stop racking up freebie OT.

Employees have been disciplined for failure to abide by the policy.

sohappytobe

thank you all so much for the insight. i just love this web site!

scantey

Make sure to check with your state law... In California they must be paid for hours worked- even if it is not approved. The only thing the employers can do is discipline them. We had several employees clocking in 15 minutes early and coming back from lunch early to rack up the OT- A couple of days without pay and they are back on track. Might sound a little harsh but when the verbals and writtens don't work- a cut in their paychecks will.

NancyJ

Check your timeclock - if it is computerized, you may be able to set it to only allow punches 5 min before to 5 min after the start time.

I don't know about the specifics in your state, but in ours we have to pay for the hours worked - regardless. We do have a written policy on overtime that specifies the employee must obtain prior approval from their supervisor before racking up overtime. If they continue to do so, they are violating policy and progressive discipline kicks in.

I would institute a written policy, have a meeting to educate, and then see what happens when the dust clears.

mwild31

I would love to know the state that would allow you to not pay overtime if the employee shows it on their time ticket - the short answer is, yes, you have to pay them overtime if it's on their time ticket. The only way to avoid OT, is to tell the employee that they are responsible for their times & can not go over 8 in a day or 40 in a week (or whatever is stated in a union contract) - PRIOR to them working OT - not after it's already shown up on their time ticket. Even in this instace, if they do go over, then you still have to pay - but you should definitely write them up for not following instructions.

I would go and talk to the employees involved & let them know that their actions are not allowed. I don't even think you need a policy on this - if they are sitting around for the length of time you are describing - it would seem to me that they are wasting company resources & should be held accountable for it. If there is wide-spread abuse throughout the company - I would create/implement a policy on clocking in & out.

marc

I'm with MWild on this one. If they work it, you must pay it. But you can discipline them for violating the company policy regarding no unauthorized OT. Your progressive discipline policy can have steps above the verbal and written warnings including suspension without pay and termination.

Draw a hard line or they will bulldoze you on this one.

Shadowfax

Wild and Marc are right. State doesn't matter -if on the clock pay; if worked and not on clock (and employer knows it was worked) pay. Only recourse is discipline.