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Late to work - Grace period?! California

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  • Late to work - Grace period?! California

    I recently started being more strict with my Employees (with all of them to make sure I don't single anyone out) - and I posted a note stating that for every time an employee is late to his/her shift, they will be losing that shift the following week - their hours will be given to those who are not late.

    I had an employee come to me and say that this is illegal and that they all have a 7 minute grace period to show up to work and not get in trouble. Has anyone ever heard of this?! I find it hard to believe, but in California, you just never know....

    Thank you!

  • #2
    Your employee is wrong. What he is thinking of is the amount of time that an employer may, if he so chooses, use to round up or down for pay purposes; i.e., an employee who is due in at 8:00 would be considered on time anywhere between 7:53 and 8:07, whereas an employee who came in at 7:52 would be paid from 7:45, and an employee who came in at 8:08 would be paid from 8:15. But this is optional, not mandatory, and even when used has nothing at all to do with when an employee can be considered late.

    In no state is an employee granted by law an automatic grace period regarding tardiness. In all 50 states, an employee who is due in at 8:00 can be considered late at 8:01.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      The employer sets the time the employee is to be at work & anything past
      that can be considered late.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        LOL, when I was a bus driver,if we were more than 59 seconds late reporting to work, we werw sent home without pay. Do it 6 times in 6 months and you're fired.
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.


        • #5
          Agreed with cbg. The rounding issue involved is completely for timekeeping and pay purposes. It has absolutely nothing to do with attendance policy or enforcement.


          • #6
            that they all have a 7 minute grace period to show up to work and not get in trouble.

            Lots of people have heard that - and the've all heard wrong. "Rounding off" for timekeeping/payroll purposes has nothing to do with an employer's requirement that employees be on time for work.


            • #7
              If your employee is insistent that what he heard is true, ask him to find the legal cite and show it to you. (There isn't one, but it will keep him busy for a while.)