We have several employees who punch in early or late, anywhere from 15 to 30 minutes at either end. They say they are “getting their workstations ready” or “finishing up.” Their supervisors have informed me that the overtime is not authorized and should not be paid. But I think I have to pay it if they are working, don’t I? What should I do? — Marcella, HR Specialist in Chico
It is the employer’s responsibility to make sure that nonexempt employees are paid for all time worked, including applicable overtime, regardless of whether their supervisors approved it. If you don’t want to pay them for those extra minutes they are working, you must ensure that they do not perform the work.
Further, the law requires that time records must accurately reflect actual working hours, so you also have to ensure that the records you keep include the extra minutes.
Work with the supervisors of the employees whose work habits you describe. The supervisors must ask the employees to set up and/or finish their work within the regular specified hours. This rule needs to be enforced —if it isn’t, the employer will have to pay the overtime. Your supervisors need to be educated about the overtime rules, and then they need to be firm with their employees. Employees’ refusal to comply with the supervisor’s request would, in my opinion, be cause for discipline.
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Check to be sure that a “structural” situation isn’t causing your problem. For example, let’s say that the employees need time to assemble parts and perform daily maintenance before the production line starts. But senior managers have told supervisors that they can’t pay any overtime and the senior managers insist that the production line start as soon as the employees’ day begins. This is a systemic problem that can only be solved by HR stepping in to create a reasonable compromise.
Shari Dunn is managing principal of CompAnalysis, a compensation and performance management consulting firm in Oakland.