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Is it legal from supervisors to clock workers in and out everyday? Oklahoma

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  • Is it legal from supervisors to clock workers in and out everyday? Oklahoma

    Is it legal from supervisors to clock workers in and out everyday?
    My husband was told he would not be clocked in until he went and got his log out of the truck. He was docked 15 minutes because of that.

    Is it legal from supervisors to threaten to withhold workers checks if they have errors in their log books(truck drivers)?

  • #2
    1.) The law does not address who can and cannot clock in a worker. The law only cares that the worker is paid for all the time he worked, not who does the actual clocking in and out.

    2.) So, did it take him 15 minutes to get the log from the truck?

    3.) Is it legal for them to THREATEN to hold the checks? Yes, they may THREATEN anything they like. The law doesn't care what means (within reason) are used to create an incentive for the employees to do their job right the first time. Now, if you are asking whether it is legal for the supervisor to ACTUALLY hold the checks, that may be a different answer.
    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
      2. If he is supposed to have the log with him and he forgot it and had to go get it, that does not count as work hours.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        Why would you expect him to be paid for time he did not work if he was required to have the log with him when getting clocked in?
        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

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        • #5
          Agreed with the other answers. The employee must be paid for hours actually worked, so if that is not true, the employee can in theory for a wage claim for the missing time. But if the employee was supposed to bring the log and failed to do so, they were not ready to work, and the employer (probably) does not have to pay them to get the log. Past that, it is perfectly legal to FIRE the employee for a work rule violation, so if this is a one time event that is the employee's fault, an argument could be made that the employee's best course of action is to make sure it does not happen again, and let the one time 15 minute issue go. Especially since it has not been shown yet that this is even legally "hours worked".
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


          • #6
            I agree with others..not that my vote counts...if the log is required, go get it then you are ready for work, ditto as to safety shoes or glasses if required on that site. Suck it up, don't grumble, move forward and remember your log book. If it takes that long to go get the book, so be it.

            If the supervisor wanted to be a hard nut and the log is a mandatory part of time he might be allowed to log in and then put on royal hot seat for failure to have log book. Truck logs get to be very important docuements ....


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