• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Time Clock Laws

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bmcfadden

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hey everyone, I have a question regarding time clock procedures.

At my place of work, we have to clock in via a program on our computer systems on which we work. The problem is, we are required at the end of our shifts to shut our computers down, then when we come in, we have to power them back on.

The loading process, as you may imagine, can be slow on these PCs. My employer gives us a 2 minute and 59 second window to clock in, so if I am scheduled to start work at 8am, and I clock in at 8:03, I'm considered late. The problem here is that I am here at work before 8am, sitting in my desk, waiting for my PC to boot up and load up the program to clock in. This can take upward of 5 minutes sometime. So there have been a few days where I've been marked late, even though I was at work and at my desk prior to my 8am start time.

My question is, is this legal? Since I am technically at work and doing something that my job requires (starting my PC) should I be able to claim I am at work on time even though the program which I am forced to use will say I might be late?
 


xylene

Senior Member
I've been marked late, even though I was at work and at my desk prior to my 8am start time.
What was the reaction of your supervisor when you asked about these incidents specifically?

How was it handled?

What was there insight as to general policy?
 

cbg

I'm a Northern Girl
Is it legal? Yes, it's legal. The law does not guarantee you a grace period of any length. Your employer is free to consider you late at 8:00:01 if he chooses to do so.

I'm not going to try to tell you it's fair. But just because it's unfair doesn't make it illegal.
 

xylene

Senior Member
Is it legal? Yes, it's legal. The law does not guarantee you a grace period of any length. Your employer is free to consider you late at 8:00:01 if he chooses to do so.

I'm not going to try to tell you it's fair. But just because it's unfair doesn't make it illegal.
He wasn't asking if a grace period was required.

He was asking if the time to boot the computer and clock in is considered time worked legally.
 

cbg

I'm a Northern Girl
Which does not change the answer. If the employer wants him booted up and ready to go at 8:00:01, then he can be marked late if he is not.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hey everyone, I have a question regarding time clock procedures.

At my place of work, we have to clock in via a program on our computer systems on which we work. The problem is, we are required at the end of our shifts to shut our computers down, then when we come in, we have to power them back on.

The loading process, as you may imagine, can be slow on these PCs. My employer gives us a 2 minute and 59 second window to clock in, so if I am scheduled to start work at 8am, and I clock in at 8:03, I'm considered late. The problem here is that I am here at work before 8am, sitting in my desk, waiting for my PC to boot up and load up the program to clock in. This can take upward of 5 minutes sometime. So there have been a few days where I've been marked late, even though I was at work and at my desk prior to my 8am start time.

My question is, is this legal? Since I am technically at work and doing something that my job requires (starting my PC) should I be able to claim I am at work on time even though the program which I am forced to use will say I might be late?
**A: so if you were at your desk at say 7:50 how would you be clocked in late even given a slow PC booting up and program set upwards of 5 minutes?
 

xylene

Senior Member
Which does not change the answer. If the employer wants him booted up and ready to go at 8:00:01, then he can be marked late if he is not.
I'm not sure why the employee has to eat that boot time, or why managing a complex system load of the employers computers does not count as work...
 

justalayman

Senior Member
from the link:

An employer may not
arbitrarily fail to count as hours worked any part, however small, of
the employee's fixed or regular working time or practically
ascertainable period of time he is regularly required to spend on duties
assigned to him.
to me, that says the OP must be paid for the boot up time since it is within his shceduled time and he is working on a duty assigned to him.
 

cbg

I'm a Northern Girl
I never said he didn't have to be paid for boot time. His question was:

So there have been a few days where I've been marked late, even though I was at work and at my desk prior to my 8am start time.

My question is, is this legal?


And the answer was yes, it is legal. He can legally be marked late if he is not up and operating when the employer wants him to be. Even if he was sitting as his desk beforehand.

Whether he has to be paid for the time prior, and he does, is a separate question which he did not ask.
 

justalayman

Senior Member
I think this other question is the ultimate inquiry:

Since I am technically at work and doing something that my job requires (starting my PC) should I be able to claim I am at work on time even though the program which I am forced to use will say I might be late?
and to this, the answer would be yes.

he should not be docked for clocking in late if he was at his station waiting for the computer to boot up.



just a side note: if the computer is taking 5 minutes to boot, somebody needs to fix his computer.
 

cbg

I'm a Northern Girl
You are all missing the point.

I agree that he "should" not be written up for being late if he is at his computer waiting for it to boot up.

I never said he didn't have to be paid for the booting time - he does.

But his question was, IS IT LEGAL for them to write him up for being late under these circumstances. And the answer is yes, it is. Whether it is right or wrong, moral, ethical, paid time or unpaid time, IT IS LEGAL TO WRITE HIM UP.
 

justalayman

Senior Member
You are all missing the point.

I agree that he "should" not be written up for being late if he is at his computer waiting for it to boot up.

I never said he didn't have to be paid for the booting time - he does.

But his question was, IS IT LEGAL for them to write him up for being late under these circumstances. And the answer is yes, it is. Whether it is right or wrong, moral, ethical, paid time or unpaid time, IT IS LEGAL TO WRITE HIM UP.
you addressed the first question, I addressed the second one. ;)
 

cbg

I'm a Northern Girl
I don't see them as different questions. And I don't see where he asked about pay at all.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top