Time clocks and meal periods
lmccoy
19 Posts
Our employees are required to punch a time clock when they go in and out for lunch. However, they tend to "forget" to punch back in if they are late returning. We would like to implement a policy stating that any employee failing to punch in or out for lunch will be charged with a one hour lunch period.
I contacted the Louisiana Department of Labor and their response was:
"Louisiana law does not regulate an employer's use of a time clock or time
cards. Please be aware that, alternatively, federal law, the Fair Labor
Standards Act (FLSA) requires that employers maintain records of the time
worked by their employees."
Since under the FLSA employees are entitled to be compensated for all time worked and the USDOL recognizes that insubstantial or insignificant periods of time outside scheduled working hours may be disregarded in recording working time,how does this regulation apply to scheduled working hours that the employee may not be working. Because 29 CFR §785.47 is applicable only where a few seconds or minutes of work are involved and where the failure to count such time is due to considerations justified by industrial realties, by deducting a one hour lunch period for employees failing to punch in and out, are we violating the FSLA since we cannot actually determine how long the employee was away from his job? Our regular lunch periods are 30 minutes.
We have attempted to correct the "forgetfulness" of late employees through progressive discipline, but have not been successful. Our management team does not feel discipline should progress to the point of termination for this infraction.
I contacted the Louisiana Department of Labor and their response was:
"Louisiana law does not regulate an employer's use of a time clock or time
cards. Please be aware that, alternatively, federal law, the Fair Labor
Standards Act (FLSA) requires that employers maintain records of the time
worked by their employees."
Since under the FLSA employees are entitled to be compensated for all time worked and the USDOL recognizes that insubstantial or insignificant periods of time outside scheduled working hours may be disregarded in recording working time,how does this regulation apply to scheduled working hours that the employee may not be working. Because 29 CFR §785.47 is applicable only where a few seconds or minutes of work are involved and where the failure to count such time is due to considerations justified by industrial realties, by deducting a one hour lunch period for employees failing to punch in and out, are we violating the FSLA since we cannot actually determine how long the employee was away from his job? Our regular lunch periods are 30 minutes.
We have attempted to correct the "forgetfulness" of late employees through progressive discipline, but have not been successful. Our management team does not feel discipline should progress to the point of termination for this infraction.
Comments
The thing that cannot happen: They work, but the company does not pay them as a disciplinary tool.
If the company wants it to effect their paychecks, the company can do so by:
1. Giving extra money (like a small bonus) to employee who use the timeclock correctly.
2. Implementing a rule that employees who have warnings for not punching in and out correctly will not be eligible for annual or other raises.
3. Susupending the employee for some time without pay.
Good Luck!!
I happened to come across this (i know it was some time ago) however, we are inputting a time clock system- do you happen to have a policy on this I can review- I have never worked with a time clock system so I want to make sure I do not forget to add anything to the policy
Thanks Much
[email]Suzanne_cantey@tdk-m.com[/email]
Our policy states that misuse of the time clock can result in disciplinary action up to and including termination. In a perfect world, if employees consistently "stole" time or "forgot" to clock in and out, they were given a couple of warnings and then terminated. I can tell you that this doesn't happen. What does happen is that either HR or Payroll spends as much time trying to police these individuals and enforce the policy as the "offenders" do in figuring out ways to steal from the company.
I like your memo and I may use it myself.