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Jan06

miss punches

is it leagal to dock a hourly employee 30 minutes pay
if they do not clock out at the end of there shift?

The FLSA laws requires employees to keep records on wages, hours and other items as specified in Department of Labor regulations. Time clocks are not required under the FLSA. FLSA, states that there has been the practice for many years of recording the employee’s starting and stopping time to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour. Presumably, these arrangements average out so that all time actually worked by the employee is properly counted and the employee is fully compensated for all the time actually worked. Such practices of recording working time are acceptable, provided they do not result over a period of time, in failure to count as hours worked all the time the employees have actually worked.

So docking of time is permissible to a quarter of an hour. Docking an employee one-half an hour for not clocking out would probably not be permissible. The best practice would be to use disciplinary action. A verbal warning for the first offense and then three written warnings.

This entry was posted on Sunday, January 6th, 2013 at 5:25 pm and is filed under
Human Resources Management.
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