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time clock rules California

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  • time clock rules California

    hourly employess have to swipe. if you are one minute late, you are docked six minutes. in order to make up your time, you have to work past seven minutes. the time clock is also set up as, our day starts at 8am, i came in early and clocked in at 7:31am, when i asked the person in charge, he said that he has the clock set not to clock an employee in untill 8am. a lot of employees who come in ten, fiften, twenty, minutes early are loosing time. i have a feeling this person is adjusting the e-times. how could we have a labor audit? and is adjusting the time clock in this manner legal? thank you!

  • #2
    Rounding must be consistent. It is OK to round up to the nearest 6-minute interval for your clock-in time as long as, for example, if you clock out one minute late that is ALSO rounded up to the nearest 6-minute interval.

    Having said that, if you "clock in", go get your coffee, chat with friends, read the paper, etc. (in other words, you aren't working), the employer doesn't have to pay you for that, clocked in or not.

    However, it appears your Time and Attendance system is configured to not allow employees to clock in (without approval) prior to your scheduled start time. Did I understand that in your post correctly? BTW, that is legal, too, in and of itself.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      time clock rounding

      i found out today, that if you clock in at 8:01, you are docked six minutes. but to make up the late, you have to clock out twelve minutes after your quite time. and if your start time is 8am but you decide to work a little early, as it happened to me, i clocked in at 7:31, being one minute late, even though my start time is 8am, therefore on e-time i was clocked in at 8am. the person has the clock set to round up to the half hour.

      it seems to me that if you have the clock set at one tenth hour, i.e. six minutes. it's suppose to be six minutes either way, beginning end.

      thanks,

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      • #4
        If the result of how E-time is configured (I know, I use this application) is that you are not being paid for (substantially) all your time worked, you can file a claim with the Division of Labor Standards Enforcement.

        I don't know how else to explain what is permitted.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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