5/5/2023 0 Comments Time to go to work clock inIn recording working time, insubstantial or insignificant periods of time outside the scheduled working hours may be disregarded. That way, the system can be said to achieve a balance over time, and the employee is not suffering a detriment by virtue of a system that always rounds off in favor of the company.ĭOL's Field Operations Handbook covers this subject in Chapter 30, "Records, Minimum Wage, and Payment of Wages", pertinent excerpts from which appear below: 785.48(b) explains that rounding off work times to the nearest 5 minutes, one-tenth of an hour, or even quarter of an hour is permissible, as long as it works both ways, i.e., both to the advantage and disadvantage of the employee. If they want to come early or stay late to relax, they can do that if the company approves, but make it clear that no work will be allowed outside of the normal schedule, and they should not clock in until they are ready to work.Īs to "rounding" practices, 29 C.F.R. Strategic tip: do not allow employees to clock in or out more than a minute or two early or late. However, employers should avoid letting employees do that, since major discrepancies between the time clock records and the hours for which pay is given may "raise a doubt as to the accuracy of the records of the hours actually worked.", in turn possibly tempting DOL to pay more attention to whatever personal records the employees may have maintained. 785.48(a) notes that if employees voluntarily clock in early prior to their scheduled starting time, or clock out after their scheduled ending time, they do not have to be paid for any time they are not actually working (i.e., getting a cup of coffee, reading a newspaper, eating doughnuts, etc.). 785.47 explains the so-called de minimis rule, stating that "insubstantial or insignificant periods of time beyond the scheduled working hours, which cannot as a practical administrative matter be precisely recorded for payroll purposes, may be disregarded." It notes, however, that the de minimis rule applies only in case of intervals of "a few seconds' or minutes' duration", and the employer would need to be able to explain how disregarding such intervals is "justified by industrial realities." In addition, any fixed or regularly-occurring work time may not be disregarded, no matter how small, as long as it can be readily ascertained. The regulations on this are found in subpart D of part 785 of the wage and hour regulations. Time missed or worked within that interval will not be deducted from or added to the time worked, whereas time missed or worked outside that interval will result in that interval being deducted from or added to the time worked. Many employers do not pay employees according to the exact number of hours and minutes they work, but rather utilize some sort of "rounding" or "roundoff" system whereby a certain interval is set that serves as the minimum block of time that will be recognized as a unit of time worked or not worked. She currently works through her business website,, which functions globally and welcomes new clients.PDF files require Adobe Reader for viewing. She has been published in both print and Web publications and has written on everything from fly fishing to parenting. ![]() Wanda Thibodeaux is a freelance writer and editor based in Eagan, Minn. NexGen Technologies: My Employees Forget to Clock In.Buddy Punch: How to Get Forgetful Employees to Remember to Clock In.On the Clock: Do I Have to Pay When an Employee Forgets to Clock In?.Most employees who forget to clock in don't reach the point of suspension or termination, but your disciplinary policy should reflect your authority to use these actions. If the employee still doesn't clock in properly after that, terminate him. Suspend the employee if another violation occurs. When your employee has accumulated the maximum number of written warnings for failure to clock in, initiate a consequence, such as docking pay. ![]() Companies often provide up to three written warnings before moving forward. ![]() At the second infraction, provide a written warning. Have the employee sign and date a statement indicating he has read the procedures, and put a copy of the statement in his employee file.Īt the first infraction, the next step is usually to provide a verbal warning. ![]() The first step in disciplining an employee who forgets to clock in is to meet with the employee and review the policies and procedures for clocking in. Progressive disciplinary policies can vary by company.
0 Comments
Leave a Reply. |