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OT

JudyBJudyB 3 Posts
in Compensation Vote Up0Vote Down
We have a problem that we are handling in a disciplinary way of employees not watching the time and clocking too short so that they go into OT at the end of the week. It is not hours just minutes but none the less not true OT. Can I refuse to pay it and adjust their time accordingly?
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  • 2 Comments sorted by Votes Date Added
  • sonnysonny 2,117 Posts
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    It is my understanding that you must pay for all hours worked and go the disciplinary route for not having prior approval for OT.
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    I believe that the FLSA allows employers to round time, but it must be done consistantly. For example, you could round 10 minutes either way. But employees who clock out 10 minutes early would be rounded up, just like employees who clock out 10 minutes late (rounded down).

    Whether you have to pay them for the additional minutes depends on whether they were still at work. If working, the safest thing to do is pay them, and handle as a disciplinary matter, as you are doing. If the employees were not actually at work (for example, left the work station at five, did some personal business for 10 minutes, then clocked out) they would not have to be paid. But this may be difficult to prove. One thing you could do is have the supervisors check the total time worked on the morning of the last working day. If the employee will be over 40 hours with the additional 8 hour day, you could send the employee home early to avoid overtime (if feasible).
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