Time Clock

legaladmin43 · October 2007

Our firm uses a time clock through our computers. This has been in place for several years now. I have some staff who chronically "forget" to punch in after lunch or break and amazingly, they always took only an hour lunch or a ten minute break....

I would like to issue a policy indicating that if they fail to punch in correctly and punch in later, that later punch will have to stand. I cannot find anything that says this is not permissible. Does anyone else use a similar system? What do manufacturing plants do with time cards when this happens?

Your help is greatly appreciated, as always!

System · October 2007

The Fair Labor Standards Act would say that's not permissible, because you have to pay employees for all time worked. So, take for example, an employee who forgot to punch in at all after lunch and then worked the rest of the day. Under your policy, the person could work four hours after lunch and not get paid for it just because of the late punch. That would be tantamount to docking the employees' pay for making a mistake or violating a work rule, which is not lawful.

If you're having a problem with people forgetting to punch in, then address that through disciplinary action, and advise that continuous failure to abide by the time clock procedures could lead to further disciplinary action, up to and including termination. You'd be surprised how much your employees' memories improve when they realize their job is at stake.

stilldazed · October 2007

I can't help you with the policy, but I would encourage a different focus in the policy you propose. Instead of saying that the latter punch time will have to stand, it might be better for your company if the policy asserts some form of discipline for failing to punch and stipulate that inconsistent punch times may be considered evidence that discipline is due. My reasoning is that it seems generally well known in your company that folks are working when they haven't actually punched in, and FLSA can be very strict (an in the employee's favor) if discrepancies surface in time records. By administering a policy the way you have proposed it, your company could be in deep water by failing to compensate for hours that are worked. That would not be a good situation for your company, and the practice may get you some morale issues quickly. Changing the focus of the policy to include discipline for inconsistent punching rather than failure to compensate for hours that are actually worked will keep you closer to legal with respect to FLSA and keep the focus of the policy where it probably needs to be--correcting employee behavior.

Let us know what your company decides.

best wishes,

legaladmin43 · October 2007

I figured FSLA would come in to play. The question is, of course, is whether or not that time was actually workedbut you are correct that FSLA usually favors the employee... thank you for your thoughts!

Dutch2 · October 2007

We had this problem in one facility to the point that we informed them they would be considered tardy anytime they failed to clock in. The number of times tardy where then addressed through our attendance program. After of couple of ee's received write-ups for the problem, it seemded to fix itself. However,we do not require ee's to clock in and out for breaks during the day; only for meal periods.
As the others have mentioned, you must pay for time worked, even if the ee fails to clock in. Find some way to address the problem through your discipline program.

stilldazed · October 2007

If there is a question about whether the time is actually worked, your focus should be a management issue, which supports incorporating discipline for discrepant or inconsistent punching. You can also try adding in some sort of spot inspection to ensure if workers are present and accounted for. It might be time consuming, but if there is question about whether workers are actually working, you'll seen a good message and it won't take long for workers to get the idea that they are being scrutinized. Check them out, get them to initial something when you stop by, and compare their time card after the fact. You will run the risk of being considered heavy handed, but it may be what your company needs if there are management issues to be addressed.

Let us know what you decide.

best wishes.

AnneHa · October 2007

Our ees are subject to discipline for not following time clock guidelines. This is our policy:

(e) Employees who clock in late or fail to clock in 3 times within a 3-month period,
will receive a verbal warning. Additional late clock-ins or failures to clock in
within that same 12-month period will result in a written reprimand and possible disciplinary action up to and including dismissal. An employee with more than six late clock-ins in any 12- month period will be subject to disciplinary action up to and including dismissal.

(f) Employees who clock out early or fail to clock out 3 times within a 3-month
period, will receive a verbal warning. Additional early clock-outs or failures to
clock out within that same 12-month period will result in a written reprimand and possible disciplinary action up to and including dismissal. An employee with more than 6 early clock-outs in any 12-month period will be subject to disciplinary
action up to and including dismissal.

Anne in Ohio

legaladmin43 · October 2007

Thanks for the discipline policy. I think that will do nicely!

Irie · October 2007

We are a manufacturing company with about 200 employees. If an employee fails to clock in/out they are given attendance points in accordance with our point-based attendance policy. They would then have to complete a time adjustment sheet which is signed by their supervisor. The employee would get paid for their approved time however they would receive points in accordance with the policy.

Time Clock

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