time card problem

sunshine state · December 2003

We allow employees to leave 30 min early on "Bug Day" that is the day the bug man comes to spray. Years ago one employeee stated that they got sick so since that time we have allowed the 30 min rule. At the same time we stated that the employee write in 5:00 and allowed them to leave at 4:30. We also stated that no employee can earn more than 8 hrs in the day-NO OVERTIME. Unless they actually worked the 8+ hrs. I changed one employee and they stated that it is illegal for me to change their time and stated that they were going to call the labor board. Because the law states that I can not change an employees time card. Has any one got the law that states this or any ideas how to handle a HARD HEAD.

mwild31 · December 2003

You, as the employer, can not change and employee's time card. Pay the person their time & then write 'em up for not following instructions. Next year, make sure you get the word out at least a week in advance reminding folks of the "Bug" day rules.

Margaret Morford · December 2003

I'm not sure I understand all the facts. Did this guy stay until 5:00 pm and wants to be paid 1/2 of OT because no one else stayed?

You are prohibited from refusing to pay non-exempt employees who work unauthorized OT, but you can discipline them for not getting authorization. I don't think the Labor Board will even entertain a claim about altering a time card to pay an employee more than he/she worked. The Labor Board is only interested when employees get paid less than they worked. Hope that helps. If not, give us a few more facts and maybe we can be more help.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

sunshine state · December 2003

The employee did not work until 5:00, but wrote in that they did. We allow people to write in their time if they forget to punch out. On bug day we pay the 1/2 hr only so the employee will get paid for the 8 hr day not to get overtime.

lnelson · December 2003

If I understand what you are saying here is an

Example: The ee came in at 8:00am worked to 4:30pm on a "bug day" clocked out at 5:00pm which if you have 1/2 hr lunch constitutes OT. But he did not work the 1/2hr between 4:30 - 5:00 now you want to deduct that 1/2 hr not worked in order to not pay OT. If you can PROVE he did not work the 1/2 hr you should be able to deduct BUT I would strongly recommend paying the OT and disciplining the ee.

lisa

DeidreFR5 · December 2003

If the employees are actually working until 4:30pm, I would have them sign out at 4:30pm (the actual time worked). I would then pay the employees the extra half hour. I wouldn't consider the half hour as time worked in calculating the weekly ot, if any.

SMace · December 2003

[font size="1" color="#FF0000"]LAST EDITED ON 12-02-03 AT 03:42PM (CST)[/font][br][br]I had an earlier response but I did not read it correctly. This person wrote in 5:00, but only worked until 4:30. So, since they wrote in 5 you want to change their time to 4:30 and pay them accordingly (don't get extra 1/2 hour like everyone else). Why did they write in 5:00? They will still be paid the same as everyone else, so I don't get the motivation. Don't change their time, pay like everyone else and discipline for not filling time out correctly.

Pork · December 2003

[font size="1" color="#FF0000"]LAST EDITED ON 12-04-03 AT 11:05AM (CST)[/font][br][br]SUNSHINE STATE: Let's make a mountain out of a mole hill! Regardless, the i/2 hour is considered like holiday time "regular time" awarded which is not calculated against a 40 hour work week. In order to be paid O/T the ee would have to accumalate 40 1/2 hours of regular time on "Bug week" before earning O/T. Therefore, don't change the time card, teach the ee about time and $. The ee will appreciate your time committed to the ee so they will not be embarassed in the next company that hires him/her.

IT WAS A NICE VACATION EVERYONE, NO DEER, BUT A LOT OF QUALITY TIME WITH MY GRANDSON. GO DAWGS, JUST CAN'T WAIT FOR NEXT YEAR IN THE SEC.

PORK

I too, agree with the other posters that recommend a discussion with vendor "BUG MAN". So what if the contractor has to pay overtime to the "bugman", it has got to be less than your expense to let everyone off for thirty minutes with pay! Let's see my 1/2 hour is worth $12.50 and his half hour of overtime is woth $12.50, therefore, I alone can pay for the overtime and everyone else gets to work until 5 PM. MAKE THE CHANGE AND SAVE THE BUCKS, $ and CENTS MAKES sense.

PORK

Rockie · December 2003

Why don't you just eliminate this problem and have the bug man come in at 5PM instead of putting yourself through the hassle of letting everyone leave at 4:30 when they should be working until 5PM?

SMace · December 2003

I hate when common sense prevails.

sunshine state · December 2003

Then we would probability have to pay the Bug man "OT". The contract calls for him to be at our site at 4:30 and we have to have someone to stay and lock up after he has finished.

Don D · December 2003

Where does this notion come from that the employer cannot change a time card? It is a common practice for supervisors to make explanatory or corrective entries on time cards. I would never instruct an employee to make pencil or pen entries on a time card. I would require that they take their card to their supervisor if there were a need for a corrective entry. Although the card is a record of the employee's time worked, if accurate, the card is the property of the employer and it is his ultimate responsibility to ensure its final accuracy.

SMace · December 2003

I agree with Pork that it is probably cheaper to pay the bug man OT then give a free 30 minutes to all your ee's. Regarding someone staying late, I bet it takes the bug man 30 minutes or less to spray, so you are only asking someone to stay 30-45 minutes late. Does everyone rush out of the door at 5:00?

hrinsd · December 2003

Wouldn't be easier and more cost effective to schedule the pest control for after work hours? That way you don't have the free 30 minutes to the employees, and the exposure for changing the timecards.

We had a similar problem at a company, the pest control company was happy to accomodate our request. He came on the the same day of the week each month, and we posted reminder notices, so that anyone who might work late would be aware and could work around it if the smell bothered them.

No complaints or problems after we made the change!

Hatchetman · December 2003

Since you're in Florida, take a pen and make indentations and holes in his timecard and claim that you can't determine what the employee should be paid because it isn't clear what he intended to claim he worked.

Then let him go to court. And then you can take it to the US Supreme Court. They know how to deal with indentations, holes and chads.

time card problem

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