can an employer ask you to click in and out on the exact hour?
Our employer has stated that if we clock in a minute late or early we will be written up. When I was hired 8 years ago I was told I had a 7 minutes grace period so long as we were not getting over time.
1 answer | asked Jan 17, 2016 10:52 PM [EST] | applies to California
Answers (1)
Unfortunately, employees have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. An employer can change its rules and polices whenever it wants, and can change the terms of employment whenever it wants (except it cannot change an employee pay rates retroactively, only for future work). It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
In your situation, if the employer insists everyone clock in and out at the exact time BUT there are multiple employees who need to use the same clock-in location (so that not everyone can possibly clock in or out at the exact time), you might want to ask the employer how it suggests the employees handle this. But even if the employer gives you no guidance or lattitude, it is acting within its legal rights.
It is not fair. It is not respectful. And you may want to start looking for another job where the employer is more realistic and more respectful. But in the meantime, employees are required to comply with an employer's directives, even if those directives are ridiculous.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Jan 17, 2016 11:24 PM [EST]
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
In your situation, if the employer insists everyone clock in and out at the exact time BUT there are multiple employees who need to use the same clock-in location (so that not everyone can possibly clock in or out at the exact time), you might want to ask the employer how it suggests the employees handle this. But even if the employer gives you no guidance or lattitude, it is acting within its legal rights.
It is not fair. It is not respectful. And you may want to start looking for another job where the employer is more realistic and more respectful. But in the meantime, employees are required to comply with an employer's directives, even if those directives are ridiculous.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Jan 17, 2016 11:24 PM [EST]
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