+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 16

Thread: Time Clock Laws

  1. #1
    bmcfadden is offline Junior Member
    Join Date
    Sep 2010
    Posts
    1

    Time Clock Laws

    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?
  2. #2
    xylene is offline Senior Member
    Join Date
    Nov 2005
    Location
    St. Richard's
    Posts
    8,732
    Quote Originally Posted by bmcfadden View Post
    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?
  3. #3
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,482
    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.
  4. #4
    xylene is offline Senior Member
    Join Date
    Nov 2005
    Location
    St. Richard's
    Posts
    8,732
    Quote Originally Posted by cbg View Post
    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.
  5. #5
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,482
    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.
  6. #6
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,919
    Quote Originally Posted by bmcfadden View Post
    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?
  7. #7
    xylene is offline Senior Member
    Join Date
    Nov 2005
    Location
    St. Richard's
    Posts
    8,732
    Quote Originally Posted by cbg View Post
    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...
  8. #8
    pattytx is offline Senior Member
    Join Date
    Oct 2004
    Location
    small town, PA
    Posts
    9,442
    [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.47.htm[/url]
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  9. #9
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,062
    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.
  10. #10
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,482
    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.
  11. #11
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,062
    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.
  12. #12
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,482
    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.
  13. #13
    Hole9yard is offline Member
    Join Date
    Jul 2008
    Posts
    53
    I would avoid all this and punch in 5 minutes early; due to you said your at your office early anyways
  14. #14
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,062
    Quote Originally Posted by cbg View Post
    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.
  15. #15
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,482
    I don't see them as different questions. And I don't see where he asked about pay at all.

Similar Threads

  1. Hours worked off the clock/Labor laws
    By Chanel26 in forum Wage & Salary Issues
    Replies: 3
    Last Post: 05-17-2008, 08:36 AM
  2. time clock use
    By jolandaf in forum Wage & Salary Issues
    Replies: 1
    Last Post: 07-14-2006, 10:29 AM
  3. Time clock use rules or laws
    By gjones002 in forum Wage & Salary Issues
    Replies: 1
    Last Post: 04-25-2005, 09:34 AM
  4. Time clock rounding up on clock-in and down on clock out.
    By rplaisted in forum Wage & Salary Issues
    Replies: 1
    Last Post: 03-09-2005, 02:14 PM
  5. Changing/Adding time to time clock record
    By SAM147 in forum Wage & Salary Issues
    Replies: 3
    Last Post: 07-30-2004, 01:09 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.