RI - Time cards

Jenno

Hello all~
I'm wondering if there is anyone out there familiar with Rhode Island law regarding changing employees time cards. The question is can we change them with the ee's ok? I know in some states you cannot no matter what. This all stems from employees punching in too early.

Thanks for any help!
Jenn

LindaS

Can't comment on RI law since I'm in WI but I wouldn't change an employee's time card, especially with regard to punch in time. This is something that should be handled from a disciplinary angle wherein a policy is put in place stating that employees aren't allowed to punch in any more than ____ minutes before the start of the shift (DOL uses the "7-minute rule"). Employees punching in earlier than that will be disciplined unless there is a business necessity regarding their needing to punch in early.

santire

Good advice by about not changing the time cards. As to the 7 minute rule, I have seen the reference before to a DOL 7 minute rule yet I have never been able to find any regulatory foundation. If anyone has a reference on this, please post it. As I understand, in 29 C.F.R. 785.48(b) the DOL says OK to round off work times to the nearest 5 minutes, one-tenth of an hour, or even quarter of an hour. The key is that it works both ways, i.e., that the period chosen operates to the advantage and disadvantage of the employee by being consistent. The whole idea is that the system hopefully achieves a balance over time, and the employee does not consistently lose to a system that always rounds off in favor of the company nor the employer to an employee that abuses the system.