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Is it legal to fine employees for not clocking in/out?


I have a very small company, and some employees are writing in their times when they miss a clocking. They "forget" at times. Of course, I have already decided to do a frequent check that they are clocking in and out correctly, but I usually don't see it until payroll. Now I have to take the time to look. If they don't clock in using the machine, I technically have no "legal" record that they ever came in.

Can I dock them, say, $20 each clocking they miss? I tried the "you don't clock in, you don't get paid". I am tired of warning, but not intending on firing.

Apparently they have come in 30-45 mins late, but still getting paid for the full day.

First, contact the government agency that oversees employment law in your town.

Generally speaking, docking their pay for not using a time clock could get you into a legal nightmare. It is typically illegal to not pay someone for work.

A good solution might be (again depending on the laws in your area) that if you don't clock in you must have your time card approved by a manager/supervisor at the beginning of their shift in order for it to be validated.

Another thing, if people are arriving 30-45 min. late and writing in that they were on time, that is in effect stealing from the company. I'd consult a lawyer on this one, but I'm sure there is a case to be made, and maybe a policy to be written to cover this.

No, it is not legal.

A company cannot issue fines period.

They also cannot fail to pay employees their full wage for every hour worked...regardless if they clocked in or not.

If they complain to the Labor Board, they will pull your time records for the last 2 or 3 years.

You don't have to pay someone for the full day if they are late....just start firing people after 3 late occurances...you'll fire ONE and the rest of them will stop.

Yes..........start docking..........no clock........1/2 hour.........no clock out .......no pay for the day.........period.......your the boss.......

You don't have to fine them, just dock their pay the time they did not work. If it is written instead of stamped, then tell them that you do not accept this, and that your docking them one hours pay.

First do this, then if you don't see a difference fire one employee as an example.

The laws that you would research are the Fair Labor Standards Act. This is where you will find definitions of Exempt, and Non-Exempt definitions as well.

Bottom line is that you will not be hearing from the Labor department for not paying people who did not clock in and out. Just throw the time cards away, and tell the employee they are not acceptable. Of course don't tell the Labor department you tossed them if asked, just say they didn't give you a stamped time card, and so you didn't pay them.

Easy Solution to your problem. Swallow the cost and buy a biometric card/time system. Instead on punching a card, or typing in an employee #, you use a finger print. Its really simple, no one can fake it, and it's truly not that expensive. I think you may be shocked by how much money you will save. It will pay for itself.

Post a sign saying that if they do not clock in/out using what ever system you have, then you will dock the pay. Make sure you put in big letter that handwriting the time will not be counted and they will not be paid for the times they write in. After you post the sign wait a week, then enforce it

You need to check with your local Department of Labour or similar as to what your legal rights or obligations are, but I would be very cautious about trying to do anything of the kind you suggest ~ it sounds as though it is probably illegal.

If your staff are failing to clock in and all you ever do is scold them without taking any effective action you are creating your own problem regarding this.

Work with the department of labour or your solicitor to draft a notice advising your staff of their obligations to clock in, for reasons relative to Occupational Health and safety and Workplace Insurance, not to mention basic courtesy to you as the person preparing their wages.

You are not their mother, you are their employer.

Let them know that if they fail to complete all their workplace obligations, including the paperwork (clocking in and out), they will receive a set number of warnings, after which they will be dismissed.

I promise, it will take one dismissal to pull everyone into line.

If they are turning up late and not making up the time they are robbing you, and you are allowing it. They will continue to treat you with only the respect you demand, and you will eventually wonder why your business has gone bad and you cannot get good staff.

It's nice to be nice, but it's better to protect your business and the jobs of your good workers by pulling the troublemakers into line, or letting them go.

Cheers :-)

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