QUESTION
I am and employer, with an issue regarding time clock and records. If an employee has no record, proof, or documentation of "suffered or hours worked"
Asked on Dec 12th, 2014 on Labor and Employment - Texas
More details to this question:
We have a policy that states our employees clock in and out on the computer with time stamps. If an employee does not write down or punch in and out. What do we do? Does the employee have a right to his/her wages for that day? What if employee is refusing to obey the policy and not write things down due to discrepancies of time on his/her part? If we as the employer see them on the premises can we "as the employer" manual clock them in and out on the time sheets we have with what we have seen? Can we manual change things in this employees time clock, if the employee themselves has no documentation of "suffered or worked hours"?
1 ANSWER
2 Awards
An employer is required to keep accurate records of all hours worked by hourly employees. That an employee fails to accurately record his or her hours, does not relieve the employer of the duty to pay for the services rendered by the employee, if he is nontheless permitted or "suffered" to work. If an employee fails on multiple occasions or refuses to adhere to the employer's time keeping methods, any form of discipline (suspension, days off, transfer, demotion and termination) is available to the employer to correct the situation. However the employer does not get excused from his obligation to pay for all hours the employee actually worked.
Note: the above speaks only to the general rule. It is not legal advice for a particular situation. There may be facts which, if known, would generate a different answer.
Answered on Dec 15th, 2014 at 1:26 PM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.