Recording Time Worked

Prairie

We have a non-exempt employee who does not record all of her time worked. She comes in early (I met her at the front door once at 7:15am), and records her start time every day at 8:30 am. She has been told that she needs to record all of her time worked, and that she is falsifying a legal document, but she thinks she is doing a good thing because we are under a very stringent budget. This morning I discovered that she has been disarming the alarm on numerous occasions, and signs the log-in sheet as required. But, she doesn't log the time. Our bus drivers start at 8:00 am, so if she is disarming the alarm, it has to be before that time. Since an employee cannot also be a volunteer, what kind of trouble can we get into here? Any suggestions?

Dutch2

Covered employees must be paid for all hours worked in a workweek. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. Therefore if you are aware that this ee is working during this time, She must be paid for all time that she is "suffered or permitted" to work.
I would make her not clocking in a performance issue and address it accordingly. She must understand that she is required to clock in and out at her scheduled times, if not this becomes a performance issue.

The FLSA requires employers to keep records on wages, hours, and other items, as specified in Department of Labor recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. The records do not have to be kept in any particular form and time clocks need not be used. With respect to an employee subject to the minimum wage provisions or both the minimum wage and overtime pay provisions, the following records must be kept:
(1) personal information, including employee's name, home address, occupation, sex, and birth date if under 19 years of age;
(2) hour and day when workweek begins;
(3) total hours worked each workday and each workweek;
(4) total daily or weekly straight-time earnings;
(5) regular hourly pay rate for any week when overtime is worked;
(6) total overtime pay for the workweek;
(7) deductions from or additions to wages;
(8) total wages paid each pay period; and
(9) date of payment and pay period covered.
Good luck.

Leo

Explain to your EE that the company can get in trouble and be fined since you are aware of her not recording all of her time worked. Do you have a progressive discipline policy? I would definitely give her a written warning (since she has already been advised of this before). That may make her realize the seriousness of the issue.

Prairie

Thanks for your input - sometimes you just have to hear it from someone else to prove your point.