Question:

The legality of time cards? help! CA law?

by  |  earlier

0 LIKES UnLike

If i phsycally punch a time clock, my shift is 6am-230pm (30 mins auto taken out) its 40 hrs...if i clock in at, for example, 5:54, and i clock out at 2:34, if the punches show those times, but the office person hand wrote in as rounded to an even 8, shouldnt i get paid that 10 mins im on the clock?

 Tags:

   Report

5 ANSWERS


  1. Most company policies (& LAW) state that even if you punch in early, you don't get paid for it UNLESS authorized. Same with clocking out. OT must be authorized to be paid.

    If it is considered "lag time" meaning you stopped work at 2:30 but it takes you a few minutes to get to the time clock, you don't get paid for that either.


  2. Where I live/work one is only allowed to punch in 5 mins before shift and 5 mins  before shift ends,... Nobody tells someone to do either( punch in early or leave early) as its not your schedule... NO you dont get paid and whoever is writing it in  Id ask who is doing it, because nobody should be touching your time card except for YOU and the one that does payroll!!!( a manager in some cases)

    added...  they go on mins  where I work.. if you stayed 15 mins past your schedule and youve worked a 40 hr work week.. then its overtime but anything  less then 15 mins its not.. Thats why employers get pissed off when people stay over their time limit when they arent scheduled to do so!

    The other two answerers are correct as well

  3. In the State of California (as if it's competent to be a state now days), time cards are legal documents. If you choose to deal with the labor board or a lawyer, those documents can be a matter of subpoena duces tecum, which means they must be provided as evidence in a court of law.

    Either get a good labor attorney or spend a little more time at break with that donut...


  4. It sounds like they are rounding your times, which is perfectly legal. However, if they do not customarily round, then this may be illegal. As long as you were actually working that time, even if it was outside of your scheduled time, they have to pay you. They can discipline you for working outside your scheduled time, but they still have to pay you.

  5. No, if your work shift is from 6 to 2:30, that is what you are paid for UNLESS you are late or leave early.  Shift work, UNLESS YOU ARE LEGALLY WORKING ON AN OVERTIME SHIFT, is paid by those hours.  The reason you are "clocked" is to make sure you are on time and leave after your shift ends.  Time cards ARE legal, and help the company determine at what time you are actually there working.

Question Stats

Latest activity: earlier.
This question has 5 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions