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Timecard verification? Utah

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  • Timecard verification? Utah

    Hello,

    At my job when you clock in or clock out the machine makes the same beep, not letting you know if you just clocked in or out; so if you forget to clock in without realizing it, you don't know when you clock out either.

    If you forget to clock in or out, the computer just counts it as 0 hours that day, so you don't get paid at all.

    We can't see what hours we've worked on which days; the paycheck just says x hours * y payrate = here's your check.

    I want to be able to see how many hours I've worked on which day to make sure I'm getting paid for every day I work, but they won't let us?

    Is this legal? I hope it's not, because I'm pretty sure I'm not getting paid for some days I worked on the last check.

  • #2
    You have to be paid for all the hours you worked. And you have to be paid for all the hours the employer knows you worked, on time. But if you "forget" to clock in and out, you can be disciplined or fired. So I would strongly suggest that you remember to clock in and out if you don't want this to continue.

    I'll let one of the payroll people address whether they have to provide you with a breakdown.
    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.

    Comment


    • #3
      Originally posted by GuyInUtah View Post
      I want to be able to see how many hours I've worked on which day to make sure I'm getting paid for every day I work, but they won't let us?
      Technically, the employer MUST keep a daily record of hours worked.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        But is he required to provide a listing of those hours to the employee? That's what I wasn't sure of.
        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.

        Comment


        • #5
          Originally posted by cbg View Post
          But is he required to provide a listing of those hours to the employee?
          I guess the bottom line is -- if you don't want to let the employee see the hours you recorded, be prepared to share this info with an auditor from the Department of Labor.

          Thanks, but I will glady show an employee what I have recorded for time worked rather than get audited. There are times when an employee has failed to clock in or out. A quick call to the shift supervisor usually confirms the employee's presence that day (and, presumably, no late arrival or early departure). An on-demand check for the unpaid hours takes only a minute.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            Scott, you know me well enough to know that I'm not advocating withholding this information from the employee.

            I'm asking whether or not, under Utah state law, he is REQUIRED to provide it.
            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.

            Comment


            • #7
              No, I fully understood that you aren't advocating that.

              The only thing is, even if a state does not require that an employer show this information, the employee has alternatives that the employer would not like.

              So, while a company could say it has no legal obligation under state law, it is asking for trouble by refusing.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

              Comment


              • #8
                I understand that too. (banging head against wall icon)

                Yes or no. Under Utah law, is the employer required to provide a breakdown of hours worked?
                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.

                Comment


                • #9
                  The system won't let me post a one word message.

                  The answer is, as you know, No.
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                  Comment


                  • #10
                    Actually, I didn't know. Payroll is not my strong point and I don't know all the requirements for all the states.

                    That's why I asked.
                    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.

                    Comment


                    • #11
                      Originally posted by cbg View Post
                      I don't know all the requirements for all the states.
                      Given your ability to answer questions concerning a LOT of different states (and even correcting me about my own), I figured you have a cheatsheet of some sort that details the answers to all the FAQs for all the states.

                      If you don't, we could put one together. Heckuvamarketing tool for some entrepreneur.
                      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                      Comment


                      • #12
                        I have cheat sheets for a lot of employment law issues, but not this one.

                        Would be fun to put something like that together, wouldn't it?
                        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.

                        Comment


                        • #13
                          Originally posted by cbg View Post
                          I have cheat sheets for a lot of employment law issues, but not this one.

                          Would be fun to put something like that together, wouldn't it?
                          My cheat sheet is called the Guide to State Payroll Laws (APA).
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Originally posted by Pattymd View Post
                            My cheat sheet is called the Guide to State Payroll Laws (APA).
                            A bit much for my budget, since our businesses are only in one state.
                            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                            Comment

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