Overtime not being paid.
eliseb
2 Posts
We recently changed our policy for hourly employees regarding overtime, which I am now questioning. Can anyone help? We posted a rule that employees will not be paid overtime before or after their scheduled shift time. Unless it is approved, they must actually be working. We had employees clocking in and then hanging out in the breakroom or milking the clock after work. Our time clock now rounds the times. I am now wondering if this is against FLSA. Any feedback?
Comments
As far as employees not working, but not clocking out. I would advise paying them for what they work (unless they are willing without retalliation to make a note on their time card that they failed to clock out on time and didn't work this time.) Then I would address it as a performance issue that should be addressed by their supervisor, not FLSA. Have the general manager stand by the time clock for a few days when employees should be clocking out and see what happens.
E Wart
We had the problem of employees coming in early, not clocking in until their start time, however actually at their stations and working "off the clock". Employees thought that they were being "responsible" for putting in that extra 15-20 minutes without asking to get paid for it. We had a hard time making them understand that it was not their option of whether or not to get paid, if they were working, they had to get paid, approved or not, and if it made more than 40 hours a week, then it was OT. If we allowed them to be on the premises early and they began work, then we must pay them. One said that she just came early because of her ride and only read the newspaper at her desk and found it ridiculas that we asked her to do that in the break room and not in her office. We actually had to discipline one employee for being a "good" employee in wanting to put out that extra effort. They all say that they would never cause problems or report it, however, I am sure that if we ever got audited and employees were polled, it would come out.