Information regarding "Off Clock" pitfalls & Policies to combat claims regarding time sheets and time cards.
Florida Monitored Time Info and Pamphlet - Off Clock Pitfalls
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FAQ
Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts. What's more, employers should be wary of any request to be paid in cash or off the books.
If you do not have an employment contract which specifies the grounds or process for discipline (or otherwise guarantees or protects your employment), you are an employee at will and your employer may write you up or otherwise discipline you--up to and including terminating you--for essentially any reason at all,
5 ways to accurately track employee hoursManual timekeeping pen and paper.Time clocks or punch-in tools.Automated time-and-attendance solutions.Mobile apps.GPS clock-ins.
For employers who track to the closest quarter hour, you should apply the 7-minute rule. If an employee works an extra 1-7 minutes, the time can be rounded down to the closest quarter hour. If an employee works an extra 8-14 minutes, the time should be rounded up to the closest quarter hour.
California Law In 2018, the California Supreme Court held that the de minimis rule has not been adopted by California laws. According to the court, don't allow employees to routinely work for minutes off the clock without being paid because California labor laws require pay for all hours worked.
In the United States, most employers hire employees under at-will agreements. This means that employers can legally fire their employees for nearly any reason, at any time, without warning. At the same time, employees are also legally able to quit without warning or reason.
The 7-minute Rule says that an employer cannot round down if an employee has worked more than 7 minutes. If an employee works between 7 minutes and 8 minutes (such as for 7 minutes and 35 seconds), the employer can round down.
In California, there are no mandatory grace periods. But as an employer you may choose to provide an employee with a 10 minute grace period for when they clock out. This grace period is voluntary and you've done so to grant employees flexibility when clocking in and out.
Since off-the-clock work is often illegal, employees who file a complaint with the Department of Labor may be able to recover up to three years of back wages for unpaid hours or unpaid overtime.
Once your employees are aware they can't clock in until the official start of their shift, you can begin disciplining them for violating company policy. The disciplinary actions may vary and can escalate depending on the number of offenses, but this is often required to change unwanted behavior in some employees.