As an employer, we have mandated that our employees begin work at 6am. Some employees were clocking in upon their arrival, prior to 6am, and would then use the restroom, smoke or just BS with other employees. Although not actually working, they were "on the clock" and expecting to be paid for these early punches. The owner has said that despite an early punch, to pay all employees at 6am. We have also said that if an employee legitimately begins working prior to 6am, to have his card with the early punch signed by his supervisor and he will be paid accordingly. Is this legal? Essentially we are deducting 15-30 minutes from the employee's hours for that day from his punches, but as I understand it, hours not worked do not have to be paid, especially if the employee has been made away of the situation ahead of time. I should mention that this is a construction industry job and all employees are paid hourly.

Also, all employees are required to come to the office to begin their day and take company vehicles to the jobsite. As they are away from the office, they cannot punch in and out on their lunch break. We require all employees take a 30 minute unpaid lunch break everyday but their timecards will not reflect a time in/out for this break. I just deduct 30 min. from the overall time for each day. Is this allowable?

If they punch in early but do not start working until 6, they do not need to be paid prior to 6. Since you are paying those who DO start work beforehand, that is legal.

Deducting 30 minutes for their lunch break is allowable as long as they actually take the 30 minutes off.

Is this legal? Completely. Time spent before the start of the shift getting a cup of coffee, hanging up one's coat, chatting with other employees is not compensible. It doesn't matter if they're clocked in or not. The same goes at the end of the shift. Many employers do exactly what you're doing.

Also, all employees are required to come to the office to begin their day and take company vehicles to the jobsite. As they are away from the office, they cannot punch in and out on their lunch break. We require all employees take a 30 minute unpaid lunch break everyday but their timecards will not reflect a time in/out for this break. I just deduct 30 min. from the overall time for each day. Is this allowable? Yes, as long as they actually do take a 30 minute lunch break. Employees need to be advised that if some special work circumstance results in their working through the break, they should tell their supervisor so that the time is compensated.

I believe that you are required to pay the employees from the time they have punched in. Regulations would believe an employee to be working as of the time punched in. Instead, this should be handled as a disiplinary situation.

As for the lunch deduction you can subtract that time since they are not on the premises to clock in/out for lunch.

There is very experienced payroll members such as patty & DAW that can correct me if I am wrong.

Apparently I am wrong according to the other posters. My apologies!

You're just a bit off, Dunny. :)

Employees have to be paid for all time WORKED. That is not the same as, all time clocked in.

LOL cbg! You already know me so well.... ;)
Thank you for the correction.

Thanks,

It is assumed that all employees take their lunch break unless they indicate otherwise by writing "no lunch" on their card for that day. I was mostly concerned with the lack of verifiable proof of everything.

Employer's word vs. employee's on if he was actually working at 5:45 or standing out back smoking, or if he took a lunch or not. More of a CYA thing in my mind. Thats why I ask for signatures on any variances, but I didn't know if that was enough.