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Wage & Salary Issues Minimum wage laws, vacation pay, overtime, etc.



               


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Old 11-12-2008, 03:40 PM
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Location: California
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Time-Clock issues


What is the name of your state (only U.S. law)? CA

As an employer, I'd like to know what sorts of consequences I can legally impose/enforce for employees that do not clock in or out for their shifts. It's just a pain in the neck for me to go in and manually enter/change their time when it's so easy for them to do it, but they just "forgot". In most cases, I know they were there working, so I don't have an issue with paying them for the time if I have to (which I suspect I legally do have to). I guess I'm wondering if there's a way to scare them straight without actually going through disciplinary actions. Any advice is appreciated. Thanks!What is the name of your state (only U.S. law)?
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Old 11-12-2008, 03:46 PM
cbg cbg is offline
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Are these employees working the same number of hours regularly or do they work overtime? It makes a difference what I suggest.
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Old 11-12-2008, 04:10 PM
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Their work hours are pretty regular and over time is very rare.
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Old 11-12-2008, 04:19 PM
cbg cbg is offline
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That limits your options. There are a few creative things you can do with overtime in these circumstances but if the hours are regular and you know exactly what time they worked, you have to pay it.

Should an employee work overtime and you don't have an accurate record of what was worked, you can estimate low (making up the difference in the following week). You rarely have to do that twice. In many states you could send out a memo that from now on, an employee who "forgets" to clock in or out will only be paid at minimum wage for that day, but I don't know if that would fly in California.

But in your circumstances in your state, you may be limited to using disciplinary measures. I'd send out a "stop forgetting or else" memo and then start handing out written warnings for the next offense, terminations (or unpaid suspensions) for a second offense. You won't have to do that too many times before they get the idea.

Somewhere I have a list of some more creative suggestions which I will post if I can find it.
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Old 11-12-2008, 04:33 PM
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cbg - Thanks very much for the responses. I kind of figured that my options were pretty limited, short of disciplinary action, but was hoping that there would be something else out there. Don't lose any sleep looking for that list, but if you do come across it, I'd love to see it. Thanks again!
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Old 11-14-2008, 08:18 AM
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As a payroll manager who has had California experience, I'd be very scared of reducing pay to minimum wage and I'd definitely stay away from recording non-accounted-for time as vacation (which might be an option in most other states).

The only other things I can suggest are 1) hold the managers/supervisors responsible for approving time records and correcting them BEFORE they get to payroll; 2) turn off direct deposit (if they have it) and make the employee get a negotiable check in person from their manager so that the manager can "impress upon them" the requirement to report all time accurately. A decently written DD authorization should provide for the employer's right to stop the DD at any time and revert to a negotiable check with some advance notice to the employee.
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What is the name of your state??????
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