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Help..We're going to time clocks (CA) !

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  • Help..We're going to time clocks (CA) !

    Hi.
    I am a director for a tiny preschool with 4 employees in California. In the past 20 years we were able to just trust that each employee was putting in their 4 hours per day, or making up for a 1/2 hour here or there. Because of my management style, or lack thereof, our board of directors wants to be sure we are up to all payroll laws, and will be putting in a time clock in September, when school starts. Some questions I have are :
    --If employees forget to clock in, since this is a change for everyone, what is the rule for adjustments,etc...I need to keep myself out of the equation, or else I'm sure people will say "lynda, i forgot to clock in, can you fix it or add in a 1/2 hour, etc"..and our bookkeeper is off-site and cannot continually make adjustments. Is this a "if you forget to clock in and out then you don't get paid" hard lesson, or what?
    --Everyone works a maximum of 20 hours per week (8:30-12:30 m-f) but occasionally I need them to come in for an hour on a Sunday to set up for a Monday program, or a Wednesday night for 2 hours for open house,etc....since there would never be overtime, is there a law about coming in for an hour or two out of the regular schedule??
    --UGH...what happened to the good ol days when people just came in and did their work??
    Any help or advice, especially for a part-time tiny business would be great.
    Thanks so much!
    Lynda

  • #2
    You cannot refuse to pay people for "forgetting" to clock in. There is certain to be some legitimate issues with this towards the beginning. However, after a reasonable adjustment time, you can discipline people for "forgetting" to clock in, in any way you like as long as it is not by refusing to pay.

    Nothing in the law says you can't ask them to come in for an occasional hour or two here and there. YOU set the work hours, not the employees. You would pay them for it at straight time unless you CHOOSE to provide a premium pay for it. You are not required to do so; it's entirely up to you.
    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 cbg
      You cannot refuse to pay people for "forgetting" to clock in. There is certain to be some legitimate issues with this towards the beginning. However, after a reasonable adjustment time, you can discipline people for "forgetting" to clock in, in any way you like as long as it is not by refusing to pay.

      Nothing in the law says you can't ask them to come in for an occasional hour or two here and there. YOU set the work hours, not the employees. You would pay them for it at straight time unless you CHOOSE to provide a premium pay for it. You are not required to do so; it's entirely up to you.

      THANKS.....AS FAR AS DISCIPLINE GOES, DO WE HAVE TO HAVE IN WRITING WHAT THE CONSEQUENCES ARE? WOULD AN EXAMPLE BE SOMETHING LIKE LESS OF A CHRISTMAS BONUS, OR SOMETHING LIKE THAT...ANY OTHER INCENTIVES MAYBE? ... AGAIN, THANKS FOR YOUR INFO.

      Comment


      • #4
        I would recommend you have the policy in writing and have the employees sign that they have been informed of it. However, I would not put the exact disciplinary action on the policy. You can just say "up to and including termination". That should get their attention.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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