Time clock errors (employee, employer, job, company)

[Nov3]

My Current employer has implemented some rules for use of the time clock for clocking in and out.

To an outsider (onlooker) it would appear that When you imput your clock # and punch in, it creates a log that you can review. So I took it upon myself to review the LOG. Every Punch in and punch out "according to the Log" is a perfected time such as Clock in at 14:00 ( it uses military time) Clock out at 23:00.
Yet the reality is: I clock in at 13:55 and Sometimes clock out as late as 23:27. Yet the Log says 23:00.

I recall that with this software system the Administrator can Go into the Log file and change it at will. And that is how its showing this perfect time of clocking in and out despite the reality being different.

My Concern is that I am not being paid properly since I am hourly wage and this software they are using is easily manipulated. I can't exactly say anything to my boss as He has already told folks in conversation that its THEIR fault if they aren't clocking in or out correctly that the "system" adjusts it to the nearest Hour (usually in favor of the company) So that is why my 27 minutes after the hour gets reverted back to the former hour time.

I can't leave my position right on the hour as my relief person doesn't arrive sometimes til quarter after or at the half hour time frame.

Any ideas how this can be properly resolved. And please don't say find a new job, I actually LIKE this job and finding this one in my area took three months! I can't afford to be without a job. Few if any are hiring in my area....

[Tallie225]

Is this job with a big company? Maybe go to a higher up and point out the times that the clocking in/ out is resorting back it...keep notes to bring as proof and say hey, I clocked in at such and such time and yet it keeps making a different time..

[reed303]

IANAL, but it would appear that part of this practice is not allowed by the US Dept of Labor. Rounding up your arrival time may be OK, but docking you when you can't leave until relief arrives is not.

See https://www.dol.gov/whd/regs/compliance/whdfs22.htm
at the bottom of page where it says:
"Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty."

You could file a complaint with the DOL, but that may have the obvious risks :-(

[city living]

Originally Posted by Nov3

My Current employer has implemented some rules for use of the time clock for clocking in and out.

To an outsider (onlooker) it would appear that When you imput your clock # and punch in, it creates a log that you can review. So I took it upon myself to review the LOG. Every Punch in and punch out "according to the Log" is a perfected time such as Clock in at 14:00 ( it uses military time) Clock out at 23:00.
Yet the reality is: I clock in at 13:55 and Sometimes clock out as late as 23:27. Yet the Log says 23:00.

I recall that with this software system the Administrator can Go into the Log file and change it at will. And that is how its showing this perfect time of clocking in and out despite the reality being different.

My Concern is that I am not being paid properly since I am hourly wage and this software they are using is easily manipulated. I can't exactly say anything to my boss as He has already told folks in conversation that its THEIR fault if they aren't clocking in or out correctly that the "system" adjusts it to the nearest Hour (usually in favor of the company) So that is why my 27 minutes after the hour gets reverted back to the former hour time.

I can't leave my position right on the hour as my relief person doesn't arrive sometimes til quarter after or at the half hour time frame.

Any ideas how this can be properly resolved. And please don't say find a new job, I actually LIKE this job and finding this one in my area took three months! I can't afford to be without a job. Few if any are hiring in my area....

I don't see how you'd have this resolved unless you talk to your boss. Is he the one who also does payroll or does he submit the hours to payroll? Is there someone else you can ask about it?

We clock in and out as well. My boss only adds in the time when we do not clock in/out. (Kronos) Our paid time goes by quarters, so if I clock out at 3:27, I might only get paid until 3:15. I would probably wait until 3:30 to make sure I don't have an issue. (My boss doesn't mind, esp. if we're waiting for our replacement.)

[evening sun]

If they are rounding up to the nearest hour, don't clock out till 23.31.

[MLSFan]

the clocks have a margin of 5-10 minutes, so people can be a little late/leave early

since as you said, paid by the hour, not paid by the minute... so it goes to the hour

example, here, we are paid in fifteen minute increments, so for OT, or taking PTO, we can take 1/4,1/2,3/4 or full hour

[Nov3]

Thanks you folks for the insightful guidelines.

To answer proper: yes my boss also remits the payroll.

He works for the company ...so I doubt he'll cooperate on my requesting an audit on my true time in and out.

So sighs of relief are that I cannot be retaliated against if I question the erroneous changes made by management to offset their pay for time on clock.

And yes I'll confer with a lawyer first.

[treemoni]

I would not talk to the employer about this. DOL does not look fondly upon these things. Cover your rear so you can explain yourself if they try to come after you for time fraud. You don't know what is going on on the back end. At my employer, the phone timestamp has steadily risen for months. It went from a 3-4 minute diferential to nearly 15 minutes. Magic, I suppose. They blame headquarters, but I know it's being manipulated locally. Protect yourself.

[WRM20]

Employers can round time to the nearest five minutes, tenth of an hour, or quarter of an hour, but they have to be consistent and cannot always round down. For example, if they round to the nearest quarter of an hour, they can round down 1 to 7 minutes, but have to round up 8 to 14 minutes.

Employers are responsible for ensuring that time records are accurate. If they change records to prevent paying overtime, the are potential penalties are significant.

For situations where your relief didn't show up, just ask the boss what happened to your time :"Hey, Boss, I had to stay until 3:29 waiting for Bob to show up, and that's when I clocked out, but it's not on the timesheet. I think I am supposed to get paid for that time. Do you know what happened?"

[factcheckcd]

They implemented "rules for use of the time clock" or just implemented the time clock?

Big difference.

How did the "rules" change?

Why did they implement the clock? Or rule change?

You can be sure everyone's supervisor should not be changing the clock and it's unlikely they'd have time to do so.

Is it because people were malingering around trying to get OT? Or arriving late?

What does your pay say?

Didn't your boss already say it's up to you to clock in correctly and the system is rounding?

What did he say about when you can't get out on time because of your specific job?

Why not just ask?

It's illegal to work off the clock. And not in the company's interest since if you get injured, they aren't covered by Workman's Comp and you can end up owning the company.