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View Full Version : employee clocking unauthorized overtime-CA


handtoshoulder
10-11-2005, 10:27 AM
As an employer, we are faced with some employees taking very short lunch breaks (20 mins or less), clocking in early, staying late. Policy is that OT must be pre-approved and that these OT gathering methods are not allowed. Continues to be a problem with certain employees, though they are otherwise wonderful employees. Are we allowed to NOT pay for that unauthorized overtime?

Question #2 - if an employee continually takes short lunches, can we assume the 30 minute meal break that is required by law on their time card? Especially if they have been repeatedly warned not to take less than 30 mins?
:confused:

aswas17814
10-11-2005, 11:13 AM
Just a suggestion. I am also in CA.

You need to implement progressive disciplinary actions against the employees to stop the short lunch hours. Should the State come in, it will penalize your company for not providing a required 30 minute, work free lunch break. If you have documentation that shows that you have taken appropriate steps, the State may accept it. However, if one of your employees decides to leave next year under less than good terms, they can file a grievance with the State and you will have to deal with the State over the short lunches and will probably be penalized (fined). Also, if the short lunches are causing overtime, that is a needless expense.

Sockeye
10-11-2005, 08:17 PM
If they are actually working, then you are required by law to pay them accordingly.

The poster above was correct, your only option is progressive disipline. I know this sucks since they are good employee's but if you were to not pay them the time and they made a claim, the company is the one at fault.

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