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Management Adjusting Clock-in Times West Virginia

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  • Management Adjusting Clock-in Times West Virginia

    Hey folks, this is my first post after I stumbled onto this very informative website tonight in search of an answer. I'm not very good with reading and interpreting laws and going through was seems to be countless pages devoted to them. Now I come to you intelligent people with a simple problem I've run into lately with my employer in West Virginia.

    I work as a quality assurer at a restaurant in West Virginia; I'm paid hourly and also tipped as part of their tip share system. That information may or may not be useful regarding my fairly simple question about the legality of management adjusting my clock-in times.

    With the nature of this business nearly everybody clocks in at least a few minutes early, some people even a half hour or nearly an hour early. I've only been working there a few weeks and the management seems to be rounding up all of my clock-ins to the hour I'm scheduled to start. It doesn't seem to matter how early I clock-in, whether it be 20 minutes or a single minute they always adjust my time, stealing those minutes from me. Is this legal? especially with that fact that they for some reason only do this to me. I've looked at other employees periods slips, showing their clock times left untouched.

    Thanks for reading.

  • #2
    Ok, I'm considering you an hourly non-exempt employee.

    Do you start work right after clocking in? You have to be paid for all time worked. However, your employer can discipline you for clocking in early & starting work. There are federal rounding rules of time but they can't deduct 20 min. of work time from your pay. Here is a link re the federal use of time clocks & rounding practices.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
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    • #3
      And not exactly your question, but this statement concerned me a bit.

      work as a quality assurer at a restaurant in West Virginia; I'm paid hourly and also tipped as part of their tip share system.
      What exactly does a "quality assurer" do? Do you get at least full minimum wage? I'm not at all clear that you are eligible to participate in a tip pool.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by Betty3 View Post
        Ok, I'm considering you an hourly non-exempt employee.

        Do you start work right after clocking in? You have to be paid for all time worked. However, your employer can discipline you for clocking in early & starting work. There are federal rounding rules of time but they can't deduct 20 min. of work time from your pay. Here is a link re the federal use of time clocks & rounding practices.

        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
        At this restaurant there are two quality assurers (QAs) per shift, with a morning shift and evening shift. So, say I come in in the evening to relieve the morning shift person, it's a good idea to come in a little early to allow them to leave the line and get their re-stocking work done so they can leave on time. It's like an unwritten pact, we just all come in a little early to make it easy on person getting ready to leave. So yeah, the minute I clock in I start working.

        And, to Pattymd

        Simply put a quality assurer is the middleman between the cooks and the servers. The restaurant is far too fast paced and hectic for any discrepancies between the server's food tickets and cooks for the servers to take care of these problems by themselves. On top of that, we tray up all of the food that's put in the window, check the tickets to ensure all of the side dishes are correct, garnish and provide condiments for the food. It probably doesn't seem very hard but it's one of the, if not the hardest/most stressful job in the business. With that said, they do pay us well, slightly below minimum wage plus the tip share system they do. The servers provide a cut of their tips for the day (given there's about 18-20 servers a shift) to a pool of money that's distributed to the QAs, bussers, and bartenders.

        I hope I've answered you guys' questions and thank you very much for your responses. Let me know if you need any other information.

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        • #5
          OK, I'm a bit more comfortable with you participating in a tip pool now, since you appear to do quite a bit of work the servers would otherwise be doing.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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