Sample Question-Clocking In & Out

QUESTION

Is there a law, federal or otherwise, which prevents an hourly person from clocking in more than 7-minutes before starting time. And is there a law stating that if they clock out after a certain amount of time, they must be compensated? I can't find anything stating this anyplace...

ANSWER

There isn't a law that prevents an hourly employee from clocking in more than seven minutes before starting time. However, you may have a policy that instructs employees on this issue. It will then be up to your supervisors to enforce the policy consistency throughout the organization. If the employee clocks in and is truly a non-exempt employee and you don't tell them not to, you will owe them for their time worked. If they are not actually working when they clock in early, you may not be required to pay them for that time. Unfortunately, it will be up to you to prove that they did not perform work during that time. Therefore, it is typically easier to pay them or set a clear cut policy on the issue and enforce it.

But also keep in mind, if you require them to be at work before their "clocking in time" you will need to pay them for their time. For example, if there is any preparatory activities they need to do to get ready for work, you must pay them for that time.

As far as clocking out, non-exempt employees must be compensated according to FLSA for their time worked. If their time exceeds a 40 hour week / 8 hour day, you will need to compensate them overtime.