Employee not recording all time worked

Prairie · April 2006

We have a very dedicated employee who comes in early “to get a few things done” and doesn’t record the extra hour on her timesheet. I have spoken to the Department Head and to our HR Committee head (we are a local government agency). I have explained that if we allow her to work, she must be paid for that time. Because our budget is extremely tight, we cannot hire any more employees to help, and we use volunteers as much as we can. The Department Head has spoken to her and is reluctant to discipline for noncompliance (as suggested by the HR Committee head), as she is a very productive, committed employee. (How do you discipline someone who works more than she’s supposed to?) I hate to be the time clock police, but she is the only employee who beats me here in the morning, and I review timesheets – this is in my face, and I don’t feel I should just ignore it. Any suggestions would be appreciated.

Rockie · April 2006

This "very productive, committed" employee might be the first one to file a DOL complaint if she ends up getting disgruntled about anything. All she would have to do is present a diary of how many hours she worked and didn't get paid and you would be "on the hook" for this, as well as any penalties. This also would appear to the DOL as a "willful" violation since you have brought it to the attention of the powers that be and it was your recommendation as well as Human Resources that it stop. This is usually around a $10,000 fine. With a tight budget, this could be devastating.

I certainly am not one to discourage people from working hard and there are truly people who would not expect to be paid for working more hours, but it's best to stay within the letter of the law when dealing with wage and hour issues.

NaeNae55 · April 2006

[font size="1" color="#FF0000"]LAST EDITED ON 04-07-06 AT 01:54PM (CST)[/font][br][br]We had an employee like this some years ago. We explained, several times, how much this could put us in trouble and how important it was to be in compliance with the law, even though we appreciated her dedication. It took being in the employees face several mornings in a row (and then again a few more times over the next year) before things changed. Each time I stressed appreciation for her efforts, but that employees who truly cared about the company would not want to see it in trouble for not complying with the law. In the meantime, I insisted that she get the pay. It helped underscore how serious we were, helped gain the support of the other managers, and helped motivate me to keep on top of the situation. (My tone of voice on each confrontation became less and less friendly and the employee finally got the message.)

Also, keep in mind that if you tell an employee not to come in too early and they continue to do so that they are either being insubordinate or failing to follow your instructions (or both). Either of these is grounds for disciplinary action. Pointing that out to the employee in an appropriate way can also help motivate a good employee to stop being a pain in the ...

Good luck!

Nae

Prairie · April 2006

Thanks for all of your input - I sometimes feel I'm spinning my wheels and off-base...it's good to know others have similar situations.

Have a good weekend!

Employee not recording all time worked

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