Extra Work and Time Clock GEORGIA
SMITHNM
1 Post
Our office is conducted a special project which is requiring all of our medical charts to be scanned after hours. They have elected to hire our employees to work after work at 10 an hour and reported on 1099. If this employee originally worked 8 hours that same day,would we have to report those additional hours as overtime?
We tell our employees their shift is 8:00-5:00. They clock in sometimes 10 minutes prior to their shift. Are we required to pay them for the 10 minutes they clock in prior to their shift? Also, we tell them to take an hour lunch because they will be docked the hour, however some people clock in after a 45 minute lunch, would we be required to pay them the 15 minutes they clocked in early.
THanks
We tell our employees their shift is 8:00-5:00. They clock in sometimes 10 minutes prior to their shift. Are we required to pay them for the 10 minutes they clock in prior to their shift? Also, we tell them to take an hour lunch because they will be docked the hour, however some people clock in after a 45 minute lunch, would we be required to pay them the 15 minutes they clocked in early.
THanks
Comments
If they clock in and they are working, and you know it, you must pay. If they clock in and arn't working, you may have to defend yourself someday because the clock is the best evidence of how they should have been paid. Most of the time, a few minutes doesn't matter, but if you let them work, the time counts.
Forgot to add: this is not a 1099 appropriate situation. That is just asking for trouble.
It's never a good idea to let current employees work "extra hours", work a "second job" (at night, weekends, etc.). It will amaze you that the employee that you tried to help out by giving them an opportunity to earn extra money will go singing a song to the DOL the first time something doesn't go their way.
It would be better to hire temporary workers or college kids to do this work for you.
Also recommend you have and enforce a firm policy of how early one may clock in and how late one may clock out and that they NOT cut their mandatory lunch period short by clocking back in early. In a DOL investigation, the clock rules.
I don't know how you calculate your pay, but you can do it several ways:
1) pay them the exact time that they clock in/out
2) round up eitheir by each 15 or 10 minutes. (If clock in 7 minutes would be rounded down, 8 minutes rounded up.)
(The same thing with 10 minutes.)
However, if you do rounding, you must be consistent with all.
This is approved by Federal and state of GA. You do owe them for any time worked, whether you asked the to or not. Otherwise it is a discipline problem.
You can pay the employee a different salary for the "extra work", but you do have to pay them overtime when work more than 40 hours a week. No way to get out of this.
E Wart