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Time Card Practices California

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  • Time Card Practices California

    First I apologize for the length but I wanted to make sure I gave as much information as possible. My company recently switched over from manual punch cards to a hand scanner from ADP that allows us to track our clock in and out times online. The company put a grace period into effect because "they didn't want to pay overtime if you will be using the bathroom or getting coffee instead of working". I thought I saw somewhere that the grace period would need to be consistent for the whole day but our company is using different grace periods for different times. Is this legal? A lot of employees are losing 15 minutes-30 minutes of actual working time due to these confusing grace periods which I figured out myself over the course of two weeks.

    In the morning the scanner will log our scan times as:
    6:45am-7:07am will count as 7:00am
    7:08am-7:23am will count as 7:15am

    Throughout the day the scanner will log our scan times for example:
    11:53am-12:07pm will count as 12:00pm
    12:08pm-12:22pm will count as 12:15pm
    12:23pm-12:37pm will count as 12:30pm
    12:38pm-12:52pm will count as 12:45pm
    ...and so on

    However at the end of the day the scanner will log our scan times as:
    5:53pm-6:16pm will count as 6:00pm
    6:17pm-6:22pm will count as 6:15pm

    I worked a full 10 hour day but because of the grace periods I lost 15 minutes of pay. When I asked the HR manager they simply said "sometimes it works in your favor, and sometimes it doesn't".

  • #2
    I will include a pointer to the actual rule. Technical the rule should round to the nearest 7 minute point, meaning that some of your examples are clearly illegal.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm

    The rule basically says the following:

    :53 - :07 rounds to :00
    :08 - :22 rounds to :15
    :23 - :37 rounds to :30
    :38 - :52 rounds to :45
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      So in the case of the morning clock in and evening clock out the company is counting the times illegally. Where would one turn to first to have this corrected. Is there a California Labor Office?

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      • #4
        The Ca. DLSE (Division of Labor Standards Enforcement) handles wage & hr. complaints.
        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.

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        • #5
          Originally posted by Azrael976 View Post
          Where would one turn to first to have this corrected.
          You should take the provided link to your supervisor first. If the rounding practice doesn't change PDQ then go to DLSE.

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