More Punching in and Out

Elizabetharess

I have a situation here that I need information on the goings on of a labor complaint. An employee who has since quit complained that the facility she worked at made her come in and work 15 minutes before or after her shift. She complained that it was an understanding and her lead had told her to come in early. When I spoke with the Director, I was a bit upset about how the communication had broken down and there was a misunderstanding about the "rounding" of a clock.
The first round of the complaint was denied because I produced enough evidence to show that we had the controls in place and were in state compliance with the rounding.
The employee continued to complain and has listed quite a few things which has prompted a further investigation that requires I get the names and addresses for all employees in this facility since 05. The request states because of the unwritten expectation, they won't look at time sheets, they will interview all these employees to determine if the unwritten requirement was asserted enough to warrant the complaint.
If they side with the complainant, what would the state of Wisconsin do to determine the value of a valid complaint? Since they said time sheets couldn't prove the adjustment, how would they arrive at a value? I frankly have never worked with a company that has so many issues.
Thanks
Elizabeth

allsteaks

I can't address what the State of Wisc. would do, but if enough employees testify that they are expected to "donate" time due to the rounding, and it is directed by management, you are potentially looking at months, even years of back pay adjustments and possible punitive damages because it is flagrant. I don't allow employees to punch in until 7 or less minutes before their start time and that is mainly because our environment will not allow time clocks in the work areas. We also had to address the donning and doffing of equipment issue that makes the issue more complicated. Sorry, not much help.

Elizabetharess

Thanks for the insight. The directive is no one is to work before punching in or out. We have the 7 minute rule but for some reason in this facility there were serious misunderstandings which were not properly managed by the director.
Ugh.

allsteaks

At a former employer we had employees go to their work stations and set it all up, about 15 minutes worth of work, then go back and punch in! Some supervisors didn't understand why this was a problem and allowed, probably encouraged, the behavior. Somehow they thought they were saving the company money without realizing the huge liability they were risking.
But it sounds like it's time for the big hammer at your place.

ritaanz

I don't want to be the messenger with the bad news, but they (Is it Wage & Hour?) want to interview as many employees as they can to gather information that will verify the ex-employees complaint.

When the interviews are done and if they find that the company allowed this 15 minute work before and after the shift, they will calculate a number that will be carved in stone. You will not be able to negotiate or speculate.

It is amazing what an employee or ex-employee will swear to when the smell of money is in the air.