Employment Law/time clock vs sign in/out sheet
we work in a place where they have both a hand time clock plus a sheet of paper to sign in and out on. We were recently told that if we don't sign the sheet that we won't get paid even though we used the time clock. Is that true can the company with hold a days pay because we didn't sign the paper but used the time clock.
The Fair Labor Standards Act (FLSA) requires employers to keep accurate payroll records for all non-exempt employees. Non-exempt employee are those who are legally required to be paid overtime wages for all hours worked over 40 per week. Please see the following link to information provided by the U.S. Department of Labor: http://www.dol.gov/whd/regs/compliance/whdfs21.htm
Employers may use whatever timekeeping method they choose and may discipline employees (up to and including termination) if they do not follow the timekeeping policy. However, under the FLSA, employees must be paid for all time worked. Therefore, an employer is not allowed to withhold an employee's pay for violation of the timekeeping policy.
Please see the following link to information provided by the U.S. Department of Labor: http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp
Specifically with regard to employers making deductions for disciplinary violations, an employer may only dock an exempt employee's pay for penalties imposed in good faith for infractions of safety rules of major significance. Safety rules of major significance would not include a failure to properly clock in or out pursuant to the employer's policy.
I would also note that since you are in Kentucky, you should be aware that the Kentucky labor laws may be more favorable than the Federal laws. In particular, KY laws on overtime pay allow an employee to go back an recover unpaid wages for 5 years versus a maximum of 3 years under federal law. You can contact the Kentucky Labor Cabinet at(502) 564-3534.
I hope that you find this information helpful.