Time Keeping, And Changes

[Lucian]

If someone is scheduled to come in at 4, but comes in and begins work at 3:45, is it legal for the manager(owner, etc) to change that persons clock in time to 4? Also, is it legal to clock someone out for a break they did not take?(The policy seems to be, you get clocked out for breaks unless you write on the schedule you did not take one).

[Reifr]

There are different rules for different states, however, the timeclock is a federal document and no one should be changing it. It the employee is supposed to start at 4 but comes in at 3:45 and starts working he should be paid for the 15 minutes. The employer can ask him to leave 15 minutes early, he can have him come in at 4:15 the next day or he can address it as a performance issue if he has told the employee not to come to work early, but however he handles it he has to pay for the 15 minutes and it is illegal under the FLSA standards for him to change the timecard.

Breaks are not manditory unless there is a state statute, the federal government does not mandate that you are given breaks.

If you are given breaks, however, the federal government says that if the breaks are less than 20 minutes in duration you must be paid for them and no one should be checking anyone in and out for breaks or for any other reason as it is illegal for an employer to change an employees timecard without his permission per the federal government.

Shirley