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Punching in unscheduled

Do we have to pay employees if they are not on the schedule, yet they still come to work and clock in with no authorization?

The U.S. Department of Labor states that all non-exempt or hourly workers must be paid for all hours worked. Hours worked for the purpose of the Wage and Hour division includes all time an employee must be on duty, on the employer premises, or at another prescribed place of work. It also includes any additional time the employee is suffered or permitted to work, meaning all hours actually worked. There is no requirement for payment of holidays, vacation, sick or personal time.

The U.S. Department of Labor specifically states “employees must be paid for work “suffered or permitted” by the employer even if the employer does not specifically authorize the work.

The best practice to control your situation is to develop a work scheduled and publish it weekly. The employees should be made aware if they are not on the schedule to work, they are to leave the premises and not clock in. Violations of the scheduling policy will result in disciplinary action up to and including termination.

This entry was posted on Sunday, March 31st, 2013 at 9:28 am and is filed under
Human Resources Management.
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