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Employment Law/Use of time clock

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Question
Good morning.

We have a variety of hourly workers who are considered "seasonal" or "variable hour" employees, as well as both exempt and non-exempt employees.  Currently, the variable hour employees are no required to utilize the time clock, but turn in their time on a very basic sheet.  The hours are always in whole numbers with no minutes.  All other staff are required to use the time clock with the exception of executives.

I have two concerns.  One, the use of paper forms with whole hours does not accurately reflect time worked.  Two, I believe the company may in some way either be inadvertently considered discriminatory in its discretional use of the time clock, or may be not fairly following the FLSA, especially regarding overtime.  95% of the time, most variable employees do not work over 40 hours, but it can occur.

I need some guidelines with which I can go to the CEO if we need to change procedure, which I believe we do.

Thank you for your time and assistance!

Shar Schreiner
Payroll Administrator
L.D. Amory Co., Inc.

Answer
The Fair Labor Standards Act states very plainly that you should have correct timecards on hand for every employee with the total hours worked. You are in violation of this act by not having the exact hours worked for these employees. In order to be in compliance with the FLSA you need to have those employees also use the time clock to ensure accuracy.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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