Is it legal to fine employees for not clocking in/out?
Find answers to your legal question.
Is it legal to fine employees for not clocking in/out?
|
I have a very small company, and some employees are writing in their times when they miss a clocking. They "forget" at times. Of course, I have already decided to do a frequent check that they are clocking in and out correctly, but I usually don't see it until payroll. Now I have to take the time to look. If they don't clock in using the machine, I technically have no "legal" record that they ever came in.
Can I dock them, say, $20 each clocking they miss? I tried the "you don't clock in, you don't get paid". I am tired of warning, but not intending on firing.
Apparently they have come in 30-45 mins late, but still getting paid for the full day.
|
 
|
jobbend
|
First, contact the government agency that oversees employment law in your town.
Generally speaking, docking their pay for not using a time clock could get you into a legal nightmare. It is typically illegal to not pay someone for work.
A good solution might be (again depending on the laws in your area) that if you don't clock in you must have your time card approved by a manager/supervisor at the beginning of their shift in order for it to be validated.
Another thing, if people are arriving 30-45 min. late and writing in that they were on time, that is in effect stealing from the company. I'd consult a lawyer on this one, but I'm sure there is a case to be made, and maybe a policy to be written to cover this. |
|
Blahblahbahl
 |
Easy Solution to your problem. Swallow the cost and buy a biometric card/time system. Instead on punching a card, or typing in an employee #, you use a finger print. Its really simple, no one can fake it, and it's truly not that expensive. I think you may be shocked by how much money you will save. It will pay for itself. |
|
Expert Realtor
|
No, it is not legal.
A company cannot issue fines period.
They also cannot fail to pay employees their full wage for every hour worked...regardless if they clocked in or not.
If they complain to the Labor Board, they will pull your time records for the last 2 or 3 years.
You don't have to pay someone for the full day if they are late....just start firing people after 3 late occurances...you'll fire ONE and the rest of them will stop. |
|
thims
 |
You don't have to fine them, just dock their pay the time they did not work. If it is written instead of stamped, then tell them that you do not accept this, and that your docking them one hours pay.
First do this, then if you don't see a difference fire one employee as an example.
The laws that you would research are the Fair Labor Standards Act. This is where you will find definitions of Exempt, and Non-Exempt definitions as well.
Bottom line is that you will not be hearing from the Labor department for not paying people who did not clock in and out. Just throw the time cards away, and tell the employee they are not acceptable. Of course don't tell the Labor department you tossed them if asked, just say they didn't give you a stamped time card, and so you didn't pay them. |
|
Heather V
 |
Post a sign saying that if they do not clock in/out using what ever system you have, then you will dock the pay. Make sure you put in big letter that handwriting the time will not be counted and they will not be paid for the times they write in. After you post the sign wait a week, then enforce it |
|
FFS what's with the names?
|
You need to check with your local Department of Labour or similar as to what your legal rights or obligations are, but I would be very cautious about trying to do anything of the kind you suggest ~ it sounds as though it is probably illegal.
If your staff are failing to clock in and all you ever do is scold them without taking any effective action you are creating your own problem regarding this.
Work with the department of labour or your solicitor to draft a notice advising your staff of their obligations to clock in, for reasons relative to Occupational Health and safety and Workplace Insurance, not to mention basic courtesy to you as the person preparing their wages.
You are not their mother, you are their employer.
Let them know that if they fail to complete all their workplace obligations, including the paperwork (clocking in and out), they will receive a set number of warnings, after which they will be dismissed.
I promise, it will take one dismissal to pull everyone into line.
If they are turning up late and not making up the time they are robbing you, and you are allowing it. They will continue to treat you with only the respect you demand, and you will eventually wonder why your business has gone bad and you cannot get good staff.
It's nice to be nice, but it's better to protect your business and the jobs of your good workers by pulling the troublemakers into line, or letting them go.
Cheers :-) |
|
kapn
|
Yes..........start docking..........no clock........1/2 hour.........no clock out .......no pay for the day.........period.......your the boss....... |
|
|
|
|
|
 I have an interview 2morrow and wondering what would be appropriate? |
| I have applied for a Security Account Manager position. I am use to lame jobs but just got my associates and this job requires 3 years experience which i have 4 years (in security) and a associates ... |
|
 Is it legal for an employer to take you off the schedule? |
| for a week and then bring you in write you up for things that are not valid or true and then suspend you under false pretenses?... |
|
 Is it legal for an employer to ask for info concerning attendance dates in high school or grade school? |
| I have to know because I'm filling out an application and it's the 1st app I've ever filled out that asked me for that info. I graduated over 6 years ago but I hardly ever need to ... |
|
 Is it possible for an employer to accept an employee for a job if his last employer refuses to give reference? |
| I am working with a private comapany in London. I am on work permit. I want to move to local council jobs.... |
|
 Can i take Un-paid Leave? |
I enjoy working, but have run out of holidays and will still be requiring time off in the near future.
What does the law say? Can you show me the law online somewhere?... |
|
 Legal to give a bad reference over the phone? |
| My current employer is mean and vindictive, so when someone leaves for a new job she always says nasty things about them when she is called for a reference. I hear her and think--oh that is so wrong ... |
|
 A secretary makes more than me. I am an accountant. How do I handle this? |
| I work as a payroll accountant. She(secretary) joined about 6 months before me. She was working in Accounts payable, but she couldnt do her job and was demoted to a secretary. She graduated with an ... |
|
 Unpaid Mandatory work meeting without pay? |
| I’m trying to prove to someone that it is illegal for an employer to have a unpaid mandatory meeting. I can’t find a legal source. Her boss made her go to a meeting at her house on a Sunday. She ... |
|
 My boss said if I screw up he'll kill me, and then later in the day for no reason he punched me in the face.? |
| What should I do, I want to quit now but I'm scared of him. I'm just a 19 year old university student and he is a very scary guy who works in the nightclub industry. I want out very badly.... |
|
 Can i be terminated from my job while out on medical leave? |
| i was terminated from my joe after going out on medical leave for 3 months i had a return date but was termed 3 week before returning to work company policy is that you can be out for 6 ... |
|
 Can an employer legally terminate you based on an inaccurate date in your past employment history? |
| I was terminated by Citigroup because the date on one of the jobs that I had listed on my application didn't match what they verified through that employer. The start date that I had listed was ... |
|
 I may have a job at shells gas station but there doing a background check & i have a warrant? |
| because i was driving without my liecense and they gave me a court date & I didnt show, which means a warrant will be issued out.will the warrant show up on my background check? and hold me from ... |
|
 Collecting unemployment? |
| My husband got fired from his job and he says he is going to go collect unemployment. At what percentage does it pay? What are reasons you would be denied?... |
|
 My former employer is bad mouthing me? |
| my former employer is accusing me of taking 200 dollars i did not do it.but they put it in my file that i did and they said i signed a paper saying i did, but i never signed on type of paper how can ... |
|
 Is it illegal for employers to require a photo with your resume? |
| I've been told its a form of discrimination, because they can use a photo to discriminate on the basis of age, gender, race, etc. Does anyone know of laws to this effect? A link would be ... |
|
 Will a backround check look at previous employment or just criminal charges? |
| If they look at previous employment will they look at if I am eligible for re-hire? and will they look at why I am not eligible for re-hire?... |
|
 Should I search for another job now? |
| I am a project worker. I am an HR assistant to Training & development but i am still under a man power agency. My contract will end by the first week of june. I asked the Personnel Officer what ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
