Time Clock adjustments California

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• 8 Comments
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  • I don't think you're necessarily wrong in punching them out at their scheduled time, unless you have proof (witnesses) to the contrary. However, I would request that they sign the time card when they return (actually, I would write in the time and initial it, rather than use the time clock; anybody could do that). Then, if they question the time, you can do some more research to see who, if anyone, can back up their statement. Someone else must be there when hourly employees leave, right? Assistant Manager or someone in charge? The employer is expected to know what hours employees work.
    #1; Thu, 12 Apr 2007 11:10:00 GMT
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  • I agree with Barry. Any employer who refuses to listen to the employee's claim of incorrect time accounting is legally in a very weak position.
    #2; Fri, 13 Apr 2007 07:46:00 GMT
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  • Thanks for your reply. We do take disciplinary action for those employees who consistently forget to punch out. Yes, I do clock them out at their scheduled time unless I have some proof/witness that they left work either before or after their scheduled time.

    Having managed employees in the restaurant and retail business for 25 years, my feeling is that if you forget to punch out then you lose the right to question when a manager punches you out. My question though is what does the law say in California. What legal rights do employees have in questioning the adjustment if they forget to punch out?

    #3; Thu, 12 Apr 2007 10:55:00 GMT
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  • DAllen3978: Having managed employees in the restaurant and retail business for 25 years, my feeling is that if you forget to punch out then you lose the right to question when a manager punches you out

    That may be your feeling, but that ain't the law.

    #4; Thu, 12 Apr 2007 12:46:00 GMT
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  • I worked at a manufacturing company some years ago. The employees claimed that they were clocking in/out but the time accounting machines did not always work. Management considered this to be [bleep]. I finally spent several hours testing this and found out that the time accounting system did indeed fail to record maybe 3% of transactions [out of 1,000 transactions tested].

    I am not saying that this is the case for anyone else, but it sometimes pays to be careful about one's assumptions.

    #5; Thu, 12 Apr 2007 16:47:00 GMT
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  • DAllen3978: I am a restaurant manager in California and sometimes have employees who forget to punch out at the end of their shift. When I review my time clock at the end of the day I see who has not punched out. Am I allowed to clock these employees out at that time...

    At what time, the end of their scheduled shifts? How do you know they did not not work 15 minutes longer? To prevent potential, employee claims of this nature, I advise you develop some sort of exception sheet for employees to sign after the fact (e.g., the next day) when they fail to clock out.

    I would also advise your employees that just because you have an "exception sheet," does not mean clocking out is optional. If any employee continues to clock out repeatedly, he should be disciplined, just the way you would if he/she breaks alot of dishes, comes to work late, etc.

    #6; Thu, 12 Apr 2007 00:30:00 GMT
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  • Thanks for all of your replies...

    First, there are no time cards for the staff to use since it is part of a POS system. When they clock out they get a printout of their hours for the day and the cumulative hours worked that week. So, when they don't clock out there is nothing for them to sign other than the payroll report that is printed at the end of the pay period. Yes, the could sign some form we create to track adjustments.

    Re: Barry's comments.....I know it is my "feelings" but what I have been asking in these posts is what is the law. You said these may be my feelings "but it ain't the law". What is the law regarding time clock adjustments? What am I "required" by law (not what others think are good management practices) to do in the case of an employee not clocking out at the end of their shift?

    I am trying to reduce the amount of time/red tape/paperwork my managers need to do everyday, so I want to do what the law requires and then what I think are best practices for managers. I would rather have my managers focusing on the customer experience and serving great food rather than on unnecessary paperwork.

    Again, thanks for everyone's input.

    Dan

    #7; Thu, 12 Apr 2007 17:54:00 GMT
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  • DAllen3978: Re: Barry's comments.....I know it is my "feelings" but what I have been asking in these posts is what is the law. You said these may be my feelings "but it ain't the law". What is the law regarding time clock adjustments? What am I "required" by law (not what others think are good management practices) to do in the case of an employee not clocking out at the end of their shift?

    1. The law requires that you keep accurate records of your employees' working hours. The law does not provide specifics on how you do this.

    2. You seem offended that I challendged your "feelings that if an employee forgets to punch out then he/she loses the right to question when a manager punches him/her out." You're 25 years of management experience notwithstanding, this is NOT in accordance with the law.

    #8; Thu, 12 Apr 2007 18:48:00 GMT