Yesterday we looked at 7 deadly timeclock sins that even conscientious employers are often guilty of. Today, we’ll look at attorney Sandra Rappaport’s tips for prevention. We’ll also tell you about a comprehensive wage/hour resource, specifically for California employers, that can help keep you out of trouble.
Rappaport, an attorney at the San Francisco office of law firm Hanson Bridgett LLP, made her remarks at ERI’s recent 2010 California Employment Law Update conference, held at the Westin St. Francis in San Francisco.
8 Tips for Preventing Timeclock Trouble
1. Be sure you’re correctly classifying your employees as exempt or nonexempt.
2. Remember that you’re required to pay nonexempts for all time they are “suffered or permitted” to work — whether or not they are required to do so. This is true even if the employee was working in direct contravention of your orders (which is where discipline comes in to prevent future problems).
Wage/hour law can be complicated—particularly in California. Order the newly updated 2011 Edition of How To Comply with California Wage & Hour Law, and get up to speed. Learn more
3. Establish, and follow, written policies that:
- Off-the-clock work is prohibited
- Violators will be disciplined
- Employees who instruct subordinates to violate will be disciplined
- There will be no retaliation for reporting violations
4. Train your managers and monitor for compliance
5. Monitor employees’ use of technology (you may want to consider shutting off access during non-work hours)
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6. Require employees to keep track of their time and sign off on the accuracy of their hours worked
7. Promptly investigate (and thoroughly document) any allegations of off-the-clock work
8. If there’s any doubt about whether or not time should be paid, pay it!
Get Prepared: Order the 2011 Edition of How To Comply with California Wage & Hour Law Now
Whenever you’re dealing with wage/hour issues, your best defense is a strong offense—in this case, our newly updated 2011 Edition of our HR Management & Compliance Report, How To Comply with California Wage & Hour Law.
This information-packed 168-page guide, written by an experienced California employment lawyer, features in-depth coverage of all the topics you need to know about in an easy-read, quick-reference style:
- The California Labor Code vs. the federal Fair Labor Standards Act (FLSA)
- Who the California wage/hour laws apply to
- The Wage Orders that cover your organization
- Hours of work—including travel time, make-up time, meal and rest periods, and the definition of “hours worked”
- The rules for hourly, salary, and piece-rate pay
- Bonuses, profit-sharing plans, and tips
- Overtime and double-time wages
- Alternative workweeks
- Tools and equipment, uniforms, and work-related expenses and losses
- Paid time off—vacation, PTO, holidays, and sick leave
- Unpaid time off
- When and how employees must be paid
- Payment of final wages upon termination
- Deductions from pay
- Recordkeeping requirements
- Pay-related discrimination
- A new appendix of key cases you need to know about
- And much more!
Order your copy now and try it out risk-free for 30 days. If you’re dissatisfied in any way, just return it within 30 days for a full refund.
Don’t become the next statistic—get your copy of the 2011 Edition of How To Comply with California Wage & Hour Law today.