Fourth Dimension Attention
IT’S IN THE CARDS
Employers must maintain complete and accurate timekeeping records, whether electronic, handwritten, or punch clock.
Such records protect all concerned, for example enabling an employer to refute a nonexempt employee’s claims for unpaid overtime, off-the-clock hours worked, and missed, shortened or late meal breaks.
Thus, a properly drafted timekeeping policy is crucial.
Drafting Tips:
- Instruct employees to record all time worked, no matter how small an amount;
- Include a definition of “time worked,” with examples;
- Require employees to precisely track all their meal breaks;
- Prohibit all “off-the-clock” work, with examples;
- Confirm all overtime, even if unauthorized, will be paid according to law;
- Prohibit falsification of time records, with examples;
- Periodically require employees to attest to their full and accurate recording and provision of meal and rest breaks;
- Instruct employees to obtain their supervisor’s approval for any corrections or notes placed on a time card or clock; and
- Caution employees that repeated failure to clock in or out or report all hours worked may subject them to disciplinary action.
Take-Away:
Implement and regularly review a comprehensive, clearly written handbook to include a timekeeping policy.
We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2023 template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.
See also:
- Management 101 – Workplace Policy Handbook & Forms for 2023 (January 27, 2023)
- Cautionary Tales Episode 27 – Walmart Hit with Six Million Dollar Verdict for “Discouraging” Off-Site Meal Breaks (March 23, 2019)
- The Basics of Overtime – Five Rules for California (April 27, 2018)
- Super-Sized McDonald’s Overtime Class Action Ruling – Company Loses by Management Inattention to California Complaint Pay Policies and Practices (April 28, 2017)
Cindy Bamforth
February 24, 2023