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Employer may not be on the hook if workers fail to punch in and out
March 16, 2015 by CARRIE MASON-DRAFFEN / carrie.mason-draffen@newsday.com
DEAR CARRIE: I have a small retail shop and a big time-card problem. We employ six to 10 hourly people, depending on the season. Despite multiple signs at the time clock reminding people to punch in and out, occasionally they don't do either. All cards are scanned and sent to a processor on Monday mornings.
I know the law requires me to pay my employees for all the hours they work, as I try to, but where does the responsibility lie when they tell me their weekly pay is incorrect because they forgot to punch in or out, or both?
I always adjust their pay to reflect what the employees tell me they have worked, even if I doubt some of their stories. I am trying to do the right thing, but it is frustrating to backtrack because of the employees' negligence. How can I end this problem? -- Weary TimekeeperDEAR WEARY: It is true that labor law requires you to pay nonexempt, or hourly workers, for all the time they work, but you can legally require them to follow your time-clock policy or face the consequences.
"It is the absolute right of the employer to direct and require that employees diligently punch in and punch out," said Irv Miljoner, who heads the U.S. Labor Department's Long Island office. "If the workers do not do as they're directed, that's a matter of discipline for the employer to rightfully impose."
When employees violate the time-clock policy that you instituted to comply with labor law, they could bear some of the responsibility for not receiving all their pay.
"This employer seems quite diligent in affirming his obligation to pay for all hours worked," Miljoner said.
"If there's a claim to us about a shortfall, we'd analyze all available evidence, starting with the time records. Employee statements may contradict that, but if there's an admission that they didn't accurately punch in or out, we might not be able to go any further."
And he added, "Even if pay was based on less than all time worked, there might not be a violation if total gross wages exceeded the minimum wage for all hours worked."
He said that your inquiry "demonstrates why we say that accurate records are an employer's best friend." When employees' accounts of their workweek deviate from hours registered on the time clock, that proves workers' negligence.
As to what you can do to correct the problem, Miljoner said you could remind employees that punching in and out is an obligation, not an option. And post a copy of this column -- by the time clock.
I hope your employees appreciate how conscientious and lenient you are. After all, New York is an employment-at-will state, and that means a worker not covered by a union contract can be fired for any reason, and that could include not punching in and out at work.
__________________
The Principle of Least Interest: He who cares least about a relationship, controls it.
Every where I have had to punch a clock, the clock was right by the door.
__________________
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
__________________
Out of all the lies I have told, "just kidding" is my favorite !
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Yep. Fire the worst offender and the rest will get the message. Labor law penalties can be steep if overtime is not paid properly.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
__________________
No matter how educated, talented, rich or cool you believe you are,
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
That doesn't actually work if they can prove they were working, and it doesn't solve the failure to clock out problem.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
That doesn't actually work if they can prove they were working, and it doesn't solve the failure to clock out problem.
Sure it works for the no punching in only, which is what I said. If the rule is you have to punch in to be paid, the employer is within their rights to not pay the employee.
These employees are taking advantage of this boss. It's not the boss's job to punch people in and out. She's being too much of a nice guy.
And yes, it does not work for forgetting to punch out. For that the boss would have to punch the person out.
But once they get docked in pay, they will take the rules seriously and punch in and out.
__________________
No matter how educated, talented, rich or cool you believe you are,
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
That doesn't actually work if they can prove they were working, and it doesn't solve the failure to clock out problem.
Sure it works for the no punching in only, which is what I said. If the rule is you have to punch in to be paid, the employer is within their rights to not pay the employee.
These employees are taking advantage of this boss. It's not the boss's job to punch people in and out. She's being too much of a nice guy.
And yes, it does not work for forgetting to punch out. For that the boss would have to punch the person out.
But once they get docked in pay, they will take the rules seriously and punch in and out.
Actually, a smarter move would be for her to find out if the company's punch-in & out rule is actually enforceable. Meaning you can legally dock pay for non-punching in.
Then send a written notice to everyone that starting on X day, employees will only be paid for punched-in time, and if they don't punch out, they will only be paid until their scheduled departure time.
Then start enforcing it by not paying them..
-- Edited by Blankie on Wednesday 18th of March 2015 03:00:22 PM
__________________
No matter how educated, talented, rich or cool you believe you are,
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
That doesn't actually work if they can prove they were working, and it doesn't solve the failure to clock out problem.
Sure it works for the no punching in only, which is what I said. If the rule is you have to punch in to be paid, the employer is within their rights to not pay the employee.
These employees are taking advantage of this boss. It's not the boss's job to punch people in and out. She's being too much of a nice guy.
And yes, it does not work for forgetting to punch out. For that the boss would have to punch the person out.
But once they get docked in pay, they will take the rules seriously and punch in and out.
Actually, a smarter move would be for her to find out if the company's punch-in & out rule is actually enforceable. Meaning you can legally dock pay for non-punching in.
Then send a written notice to everyone that starting on X day, employees will only be paid for punched-in time, and if they don't punch out, they will only be paid until their scheduled departure time.
Then start enforcing it by not paying them..
-- Edited by Blankie on Wednesday 18th of March 2015 03:00:22 PM
Not paying employees for work actually done is not normally a viable option - and certainly not one in this state. It is on the employer to enforce the time rules. The main problem with clock issues is that failing to clock in and out on time could inadvertantly cause overtime to occur and the penalties for not paying overtime can be very, very stiff for an employer.
It's a rule - clock in and clock out. If you can't follow that basic rule of your job, you don't deserve to have it.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
That doesn't actually work if they can prove they were working, and it doesn't solve the failure to clock out problem.
Sure it works for the no punching in only, which is what I said. If the rule is you have to punch in to be paid, the employer is within their rights to not pay the employee.
These employees are taking advantage of this boss. It's not the boss's job to punch people in and out. She's being too much of a nice guy.
And yes, it does not work for forgetting to punch out. For that the boss would have to punch the person out.
But once they get docked in pay, they will take the rules seriously and punch in and out.
Actually, a smarter move would be for her to find out if the company's punch-in & out rule is actually enforceable. Meaning you can legally dock pay for non-punching in.
Then send a written notice to everyone that starting on X day, employees will only be paid for punched-in time, and if they don't punch out, they will only be paid until their scheduled departure time.
Then start enforcing it by not paying them..
-- Edited by Blankie on Wednesday 18th of March 2015 03:00:22 PM
I think the company could get in trouble over this. Pay needs to match the time worked.
The employer cannot simply say if no punch in time then there is no work. Then say if no punch out time then ignore the time card and detreime a time.
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Terminating people can be messy. There's a much easier way to deal with this.
They don't punch in, they don't get paid. Just enforce the rule. Pay them for only punched-in time.
When they get a crappy paycheck, they'll change overnight.
That doesn't actually work if they can prove they were working, and it doesn't solve the failure to clock out problem.
Sure it works for the no punching in only, which is what I said. If the rule is you have to punch in to be paid, the employer is within their rights to not pay the employee.
These employees are taking advantage of this boss. It's not the boss's job to punch people in and out. She's being too much of a nice guy.
And yes, it does not work for forgetting to punch out. For that the boss would have to punch the person out.
But once they get docked in pay, they will take the rules seriously and punch in and out.
Actually, a smarter move would be for her to find out if the company's punch-in & out rule is actually enforceable. Meaning you can legally dock pay for non-punching in.
Then send a written notice to everyone that starting on X day, employees will only be paid for punched-in time, and if they don't punch out, they will only be paid until their scheduled departure time.
Then start enforcing it by not paying them..
-- Edited by Blankie on Wednesday 18th of March 2015 03:00:22 PM
I think the company could get in trouble over this. Pay needs to match the time worked.
The employer cannot simply say if no punch in time then there is no work. Then say if no punch out time then ignore the time card and detreime a time.
Then give the offenders written notice (or whatever protocol is required before terminating someone). Then terminate them for not following the rules.
The problem with that is you'd better have a totally open and shut case so the termination can't be appealed.
Terminating is messy. And then you have to hire people to replace them.
Hopefully the written notice will make them clean up their act.
__________________
No matter how educated, talented, rich or cool you believe you are,
Employees who fail to accurately record their time worked by using the time clock correctly will be subject to written corrective action, up to and including termination.
Follow through on it.
Problem solved.
Thus "written corrective action".
By just not paying them, you are just kicking the can down the road. You eventually WILL have to pay them for time they worked, when they are able to prove it.
And...if someone can't be bothered to clock in and out (when that affects their PAY) I guarantee they are not exactly your most conscientious employee in other ways. They are probably "borowing" from the till, taking supplies, etc. If they don't care about their own assets, why would they care about yours?
__________________
Out of all the lies I have told, "just kidding" is my favorite !
