Purpose/Objective
In adherence to legal responsibilities for maintaining a precise time card and guaranteeing proper compensation for employees’ labor, companies must should mandate that all nonexempt staff accurately document their working hours each day. Employers violating California time card laws by altering or incorrectly recording employee hours could lead to a class action lawsuit. Our California employer class action defense attorneys have defended countless lawsuits against employers for violating time card laws. A class action is merited when the time card violation affects at least two dozen employees. The statute of limitations in California goes back four years in wage and hour class actions.
Procedures
Unless otherwise communicated, employees must diligently record their work hours using a timecard, an electronic time-keeping system, or a handwritten record. It is imperative for employees to submit their time records promptly after the pay period concludes, allowing supervisors to review the time card before processing paychecks. Accurate timekeeping is crucial to ensure compliance with applicable laws, guaranteeing proper compensation for all hours worked.
The term “hours worked” under California time-card law is defined as all time an employee is under the employer’s control, encompassing any time the employee is allowed or required to work.
Employees may be requested to sign their time card and provide written confirmation of accuracy. This confirmation should affirm that the employees have been relieved of all duty, have taken all required meal periods and rest breaks, or alternatively, identify any missed breaks.
Employees are strictly prohibited from engaging in off-the-clock work or manipulating any aspect of their timecard. Altering, falsifying, or concealing meal periods taken, hours worked, or work during meal periods is strictly forbidden at all times.
The responsibility to accurately document all worked hours does not exempt employees from the obligation to obtain prior approval from supervisors before engaging in overtime or working hours beyond the regular schedule. Employees working beyond their designated hours, including overtime or unscheduled hours, without prior authorization from a supervisor, may face disciplinary measures, including potential termination.
On their first day, employees will be informed whether they should record their work time through a time clock, time card, or another method. Regardless of the chosen method, employees are expected to adhere to established procedures for maintaining an accurate record of their worked hours.
Any alterations or corrections to an employee’s timecard or record must be initialed by both the employee and their supervisor. Employees are never allowed to record or punch another employee’s time card.
For clarification on this policy or inquiries regarding time records, employees should reach out to their supervisor.
What Employers Should Do
The responsibility to accurately document all worked hours does not exempt employees from the obligation to obtain prior approval from their supervisor before engaging in overtime or working hours beyond the regular schedule. Employees working beyond their designated hours, including overtime or unscheduled hours, without prior authorization, may face disciplinary measures. This includes possible termination.
On their first day, employees will be informed whether they should record their work time through a time clock, time card, or another method. Regardless of the chosen method, employees are expected to adhere to established procedures for maintaining an accurate record of their worked hours.
Any alterations or corrections to an employee’s timecard or record must be initialed by both the employee and their supervisor. Under no circumstances are employees allowed to punch or record another employee’s time card.
According to employee time card laws in California, a business must implement a precise timekeeping system. Employers have the flexibility to select their preferred method of timekeeping, such as time clocks, a time card, or badge readers, as long as the chosen method is comprehensive and accurate. While it is considered a best practice to track employees’ time down to the minute, the federal Fair Labor Standards Act (FLSA) allows employers to round employees’ hours to a maximum of 15 minutes.
It is crucial that your time rounding policy is applied impartially and does not consistently favor the company or lead to the omission of actual worked hours. For instance, if rounding to the nearest 15 minutes, employers may round down employee time from one to seven minutes but must round up time from eight to fourteen minutes.
Note: Some states impose additional restrictions on time rounding. For example, the California Supreme Court recently ruled against the use of rounding practices in tracking compliance with state requirements for meal periods. Before implementing a time rounding policy, it is advisable to review all applicable employee time card laws and seek legal counsel if necessary.
Mandate employees to document all worked hours. This includes those spent utilizing technology outside the conventional workplace for tasks such as responding to work emails or checking phone messages. According to employee time card laws in California, such activities are considered compensable work time. It is essential to ensure that non-exempt employees are aware of their obligation to report all time spent working, including instances of checking work email beyond regular work hours. In cases where the regular timekeeping system cannot be used for after-hours work, provide clear instructions on how employees can promptly and accurately report these hours.
In addition, record nonproductive time that necessitates compensation. According to the Fair Labor Standards Act (FLSA) and various employee time card laws, employers are required to remunerate employees not only for time actively spent working but also for certain nonproductive activities. These include training or business-related travel. Familiarize yourself with the employee time card laws in California concerning compensable nonproductive time and guide employees to document their time accordingly.
Acknowledge rest breaks as “work time.” According to employee time card laws in California, brief rest breaks are generally considered paid working time. The U.S. Department of Labor defines a rest break as any period lasting 20 minutes or less, during which an employee is allowed to be away from work. The primary criterion for determining whether compensation is required is the duration of the break, rather than the purpose (e.g., for a cigarette, coffee, snack, or a personal phone call).
Note: Employee time card laws mandate employers to provide reasonable break time for non-exempt employees to express breast milk for up to one year after the child’s birth. Employee time card laws in California do not mandate compensation for these breaks. However, if employers already provide compensated breaks, employees using this time to express milk should be compensated similarly to others taking breaks. Some states and local jurisdictions may necessitate paid breaks for nursing employees, irrespective of other provided breaks.
Enforce the practice of employees verifying hours worked. At the conclusion of each pay period, mandate employees to review their time records and confirm their accuracy. This process permits the identification and correction of errors before payroll processing. It also establishes documentation confirming the employee’s acknowledgment of the accuracy of their time records.
What Employers Should Not Do
DO NOT implement pay withholding procedures in cases where employees neglect to submit, sign, or confirm their timecard.
According to the Fair Labor Standards Act (FLSA) and employee time card laws, employers are obligated to remunerate employees for all hours worked on the subsequent regularly scheduled payday. This is irrespective of the employee’s adherence to the company’s timekeeping protocols. Should an employee fail to submit, sign, or confirm a time card, prompt the employee and their supervisor to promptly furnish or confirm the hours worked, and ensure appropriate payment to the employee.
DO NOT prohibit employees from engaging in off-the-clock work.
Employers are not permitted to request or allow non-exempt employees to work “off-the-clock.” If there is knowledge or a reasonable belief that work is being performed, the corresponding time must be accounted for as hours worked and compensated accordingly. Establish a clear policy explicitly forbidding off-the-clock work and implement controls to prevent its occurrence. It is essential to train managers on identifying potential instances of off-the-clock work and guiding them on appropriate responses. For instance, let’s say a manager receives a project from an employee via email after the employee’s regular work hours without reporting additional time worked. The manager should investigate further to ascertain whether the employee worked beyond the usual hours or if there is an alternative explanation (e.g., the employee completed the work by 5 p.m. but scheduled the email for delivery after that time).
DO NOT withhold pay for “unauthorized” or “unscheduled” work time is not permissible.
According to employee time card laws in California, employers are obligated to compensate non-exempt employees for all reported and unreported work hours. This is provided they are aware or have reason to believe that the work has been performed. This holds true even if the work was not authorized or scheduled in advance. In most instances, fulfilling this obligation involves implementing reasonable time-reporting procedures and compensating employees for all reported hours.
It is acceptable to have a policy requiring employees to obtain permission before working overtime or starting work early/leaving late. However, any violation of this policy may result in disciplinary action for the employee’s failure to secure approval in advance. But under no circumstances, may the employer withhold pay as a consequence of such violations.
DO NOT implement automatic deductions for meal periods by requiring employees to clock out and back in.
This practice is considered best for ensuring accurate compensation, accounting for missed lunch breaks, and accommodating instances where employees return from lunch late. A timecard should precisely indicate that the employee took a meal period, specify the duration of the break, and accurately reflect the actual hours worked.
It is important to note that some states have specific recordkeeping requirements for meal periods. Automatic deductions might run afoul of these regulations. You should check current employee time card laws in California to ensure compliance with applicable requirements.
DO NOT ignore interrupted meal periods.
According to employee time card laws in California, for a meal period to remain unpaid, it generally needs to be uninterrupted and last at least 30 minutes. During this time, the employee is fully relieved of all duties for regular meal consumption (additional requirements may apply in some states). In the event of an interruption to the employee’s meal, the employee should either receive full compensation for the entire meal period or be permitted to extend the meal break for a full 30 minutes. This includes situations where the employee is required to remain available for work during the meal period. You should employees to promptly report any interrupted meal periods so that they can be appropriately compensated for the time.
DO NOT avoid recordkeeping duties.
Employee time card laws mandate that employers maintain time cards and other records, forming the basis of wage calculations, for a minimum of two years. Further, employers are required to retain payroll records, detailing daily hours worked and the total hours worked per workweek, for at least three years. For federal tax purposes, timecards must be kept for a minimum of four years. Be sure to consult your state law for any supplementary recordkeeping obligations.
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