pay issues

LeeR

pay ee every two weeks based on phone call, call in on arrival call out when leaving, then at the end of every month match phone call record against written documentation by ee and recoup over payments/pay under payments, ee will not be allowed to correct documentation

HRQ

OK x;-)

NicoleLee

Huh??!

LeeR

we have a phone system the ee calls into when the arrive at the clients home this clocks the ee in then the ee calls when they leave and the system clocks them out. they are paid every two weeks based on the phone system. at the end of the month the ee turns in documentation of their work done (including daily hours signed by the client) the documentation is then compared with the phone system for differences any differences noted are adjusted for on the next check. However, if the ee mistakenly documented less time than they should have they cannot go back and correct the documentation and the documentation is the final authority when comparing the phone system to the documentation turned in. is that any clearer?

marc

And the point is?

LeeR

lets say the employee works on Sat clocks in and out on the phone system but forgets to do his documentation. we take back the 8 hours, ee and client can prove he actually worked that day but we will not allow him to submit corrected documentation or pay him for the 8 hours, is there a problem at that point?

marc

Yes. You must pay if you knew or should have known about the hours.

hrplanet

If your company knew that an employee worked those hours why would they not allow the error to be corrected on the timesheet??? Seems to me that this could create a morale issue at best and a lawsuit - worst case senario. Knowing and not paying for hours worked is an FLSA violation.
We always have employees sign & date their timesheets stating that the hours reflected on the timesheet are true & correct. Then if there is ever an issue we can disipline accordingly.

Don D

But....having employees who ride around the countryside claiming to be serving clients and not having some proof of that, should be scrutinized closely with more than a telephone clocking system which is easily manipulated. Reminds me of the part time job I had many years ago painting those square black poles at Texaco stations that supported those huge Star signs. I could record that I painted 3 a day or 143 a day and each one earned me sixty bucks. Your people are jerking you around Lee.

LeeR

Don--your right and I agree with matching the phone system to the documentation and making adjustments. I see an ee who will not know until the end of the month that for whatever reason the documentation that goes with the Saturday they worked doesn;t reach the office and they will not be allowed to correct that or get paid for it.

LeeR

my thinking also it should be a disciplinary issue.

LindaS

According to the FLSA, all hours an employee (non-exempt) worked must be paid. If you have signed documents that state the employee worked and an error occurred where they weren't paid, or this pay was taken away, and you don't correct that error to allow the ee to receive the pay, you are in violation of the FLSA.

Crout

Don is correct that you guys need to tighten up your system to prevent fraud, however, in this case if the EE can prove that he worked (as you admitted) then you should pay him for the time and then issue a discipline for not using the proper procedure. Withholding his pay as a punishment for a paperwork mistake would not be acceptable to the DOL.

Hunter1

Seems to me that you have a pretty good system: employee clocks in and out on your phone system, and that is compared to documentation that is verified by the client. What more could you ask for an employee who works at a remote site(s)? Unless the employee and client are both submitting false documentation. BUT, as other posters have said, you have to pay for hours you know were worked and deal with lack of documentation as a discipline issue.