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Laws regarding employees not clocking in or out. Missouri

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  • Laws regarding employees not clocking in or out. Missouri

    What is to be done when employees fail to clock in or out as far as pay goes? I am already writing them up for the problem but as far as actual pay goes the employee is trying to tell me the times they were in and out which cant be proven. I would be more then happy to pay them for the normal shift but he is adding 30 mins here or there on different days going back 2 weeks.

    Are there any laws that can help me address this with the employee? What are my options?


    Thanks in advance!

  • #2
    It is the employers responsibility for clocking time. You can have policies and discipline for them. But you have to pay them if they worked. The problem is whether you can prove they were working or not. Are there any other employees (higher level) who can vouch for the fact the employee was working? Any info on computer systems (for example, our POS would show any transactions the employee did and we can look at the timestamp on those)?

    Generally wage claims are supported by whoever has the best evidence -- if the employee writes it down and no one at the company does, the courts can rule and have in favor of the employee. You need to be able to prove they were sent home or not working. We've solved (most of) our issue by installing an inexpensive webcam near the time-clock and the door they go in and out of. We notified the employees that we will use it for clock in and out times if they fail to use the time-clock.

    Personally I have found those that "forget" often are often playing the system. Of course they could always have another employee clock in and out for them. We also won't take the word of another employee at their level and there are some supervisors we have found who also play the system. Hence the webcam.

    Your best bet is to discipline for not working their specified shift with something that hurts -- suspend them for a day without pay for failing to follow policy each time and I bet they will start to remember eventually! Of course this only works if they need you more than you need them.

    Comment


    • #3
      Originally posted by hr for me View Post
      It is the employers responsibility for clocking time. You can have policies and discipline for them. But you have to pay them if they worked. The problem is whether you can prove they were working or not. Are there any other employees (higher level) who can vouch for the fact the employee was working? Any info on computer systems (for example, our POS would show any transactions the employee did and we can look at the timestamp on those)?

      Generally wage claims are supported by whoever has the best evidence -- if the employee writes it down and no one at the company does, the courts can rule and have in favor of the employee. You need to be able to prove they were sent home or not working. We've solved (most of) our issue by installing an inexpensive webcam near the time-clock and the door they go in and out of. We notified the employees that we will use it for clock in and out times if they fail to use the time-clock.

      Personally I have found those that "forget" often are often playing the system. Of course they could always have another employee clock in and out for them. We also won't take the word of another employee at their level and there are some supervisors we have found who also play the system. Hence the webcam.

      Your best bet is to discipline for not working their specified shift with something that hurts -- suspend them for a day without pay for failing to follow policy each time and I bet they will start to remember eventually! Of course this only works if they need you more than you need them.

      Thank you for the response. Just to clarify a bit. I know the guy was here and worked a full day. It is just the extra 30 minutes here or there he is trying to add.

      I guess if I read your statement correctly its best to not nickle and dime the situation and punish the employee for this.

      Comment


      • #4
        Are you the supervisor? If not, I would be asking the direct supervisor to verify the employee worked late on those days and why. If you are the supervisor, I would first of all be more aware of when my employees are working but ask him to explain why he worked late and on what he worked those days. And yes, unpaid suspension tends to be a motivator. As does paying it out of earned vacation time. In your state, that is totally legal.
        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.

        Comment


        • #5
          Originally posted by ElleMD View Post
          Are you the supervisor? If not, I would be asking the direct supervisor to verify the employee worked late on those days and why. If you are the supervisor, I would first of all be more aware of when my employees are working but ask him to explain why he worked late and on what he worked those days. And yes, unpaid suspension tends to be a motivator. As does paying it out of earned vacation time. In your state, that is totally legal.
          Im somewhat a direct supervisor. This is a family owned business so sometimes things arent done as they should be. We will often times learn from these mistakes which I suspect is us not checking to see if they are clocking in and out.

          I actually came to this site years ago when I was just a delivery driver and I realized we werent getting paid properly and I took the info to the owner and they changed the pay for every employee in all 5 of our stores. They want to make things right which is good. I had no backlash and as of yesterday I was promoted to Operations Manager. I am now trying to straighten some other things out around here.

          Comment


          • #6
            No, I would start corrective discipline after a certain number of "forgets to clock in/out". On our system, a manager has to edit their time so that it gets paid. I often go to that manager and ask why they stayed late etc. If the manager doesn't know, I hold the manager more accountable the next time.

            Had one employee last week who stayed an extra 20 minutes and we have him on video during that time taking a personal cell phone call instead of clocking out! We did pay him but now the manager has to babysit him each shift he is working to make sure he is clocking out, because we can't afford to pay for personal time. If he weren't going back to school next week, I would have given him a final warning and terminated if it continued (he tried to argue with his manager that the handbook stated he could clock out up to 10 minutes late with no consequences. Nope, it states that you should clock IN no earlier than 10 minutes prior to your shift... UGH!).

            Comment


            • #7
              Just the extra 30 minutes here or there he is trying to add. I guess if I read your statement correctly its best to not nickle and dime the situation and punish the employee for this.
              That can add up much quicker than you think. Say it's someone making a pretty modest $10/hr and he claims an extra half hour an average of 4 times/week. That's $60 a week, over $1000 a year. You can find a lot better uses for $1000/year.

              If you can't prove he wasn't doing what he says he was, then yes, pay him the time. But monitor him more closely and start the discipline for failure to clock in and out. And he is not to work stay one minute past his shift end again without direct authorization from you or his supervisor whichever applies. After that, if he continues you can use that as more incidences of insubordination in the constructive discipline process if he does.

              Comment

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