['Compensation', 'Wage and Hour']
['Compensation', 'Hours Worked', 'Preparatory and Concluding Activities/Time Cards']
10/04/2024
...
If the employees are not actually working, you can remove those hours. The applicable federal regulation (29 CFR 785.48, Use of time clocks) states, “employees who voluntarily come in before their regular starting time or remain after their closing time, do not have to be paid for such periods provided, of course, that they do not engage in any work. Their early or late clock punching may be disregarded.”
Although this time can be disregarded, the regulation warns that your records should reflect the hours worked as accurately as possible. Making regular changes to timecards may create the impression that the company is “shorting” the employees or unlawfully trying to avoid paying overtime.
Note that the regulation applies to employees who “voluntarily” arrive early or leave late, and “do not engage in work.” Obviously, if the employees are required to arrive at a particular time (or if they voluntarily arrive early, but actually start working) you still have to pay for that time.
There isn’t any guidance on how to change a timecard, but the employee should be asked to initial any changes — even though he might refuse. You want to show that you did not change the timecard without the employee’s knowledge. This will also let the employee know the company is aware he was “on the clock” but wasn’t working. This is essentially an attempt to steal from the company (to receive pay without working). Employees can be disciplined for this, which should help reduce future occurrences.
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['Compensation', 'Wage and Hour']
['Compensation', 'Hours Worked', 'Preparatory and Concluding Activities/Time Cards']
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