lawyer for California hourly employee laws
Are you an hourly employee in California? If so, you should know the time clock rules that govern your work hours and compensation. This article will thoroughly analyze key time clock rules for hourly employees according to California employment law.
Non-Exempt Employees and Hourly Employees Have to Clock in and out
As an hourly employee in California, you are considered a non-exempt employee under the Fair Labor Standards Act (FLSA). This means that federal and state laws require your employer to track the number of hours you work.
Employers must maintain accurate payroll records for all non-exempt employees, including hourly workers and salaried employees who are non-exempt from minimum wage and overtime laws. However, exempt salaried employees are not subject to these timekeeping requirements.
To comply with the law, your employer must record information, such as the hours worked each workday and the total number of hours worked during each workweek. The records should also include details about your earnings, the time your workweek begins, your pay basis (for example, an hourly rate), and your overtime pay rate. Clocking in at the start of your workday and clocking out at the end is necessary for covered employees.
Rounding Rules for Employers That Use Time Increments
California employers can round clock-in and clock-out times to a particular increment or fraction of an hour. However, always rounding down can potentially violate labor laws. Many employers round work time to the nearest increment, such as 5 minutes, a tenth of an hour (6 minutes), or a quarter of an hour (15 minutes).
An Example of the Rounding Practice
If your employer uses 15-minute increments, they should follow the 7-minute rule. This means that minutes 1 through 7 are rounded down to the prior increment, while minutes 8 through 15 are rounded to the subsequent one. Rounding should not consistently result in a loss of wages for employees.
You Cannot be Made to Work Off the Clock
Under the FLSA, employers are required to compensate employees for all hours worked. This means you cannot be forced or allowed to work off the clock without pay. Off-the-clock work includes any work done before clocking in, after clocking out, during meal breaks, or during rest breaks. Employers who demand, request, permit, or silently allow off-the-clock work violate the law.
While some employers may have policies allowing off-the-clock work with prior approval, you should be cautious. Even if you choose to work off the clock voluntarily, it can still violate company policies and result in disciplinary action.
Employers Can Use a Wide Variety of Time-Tracking Methods
Federal law does not mandate a specific method for tracking employees’ work hours. Employers can choose a time-tracking system that best suits their needs if it produces a complete and accurate record of employees’ time at work. This can include traditional methods like punch cards and paper timesheets or modern approaches such as using ID badge scanning systems with time tracking software or mobile phone apps.
The requirement is that the chosen method reflects the employee’s total hours on the job and ensures accurate record-keeping.
What Are Some Common Examples of Time Clock Rule Violations?
Unfortunately, some employers may violate time clock rules, leading to potential wage theft. Below are some common examples of violations:
- Requiring non-exempt or hourly workers to perform tasks before they clock in for the day makes them work without compensation.
- Making employees clock out and then continue working to finish tasks or revise previous work.
- Requiring employees to attend meetings during their designated meal breaks, interrupting their unpaid time.
- Instructing employees to clock out when work is temporarily unavailable, resulting in unpaid downtime.
These violations undermine the rights of hourly employees and their entitlement to fair compensation.
What Happens if My Employer Breaks One of These Rules?
If your employer violates any time clock rules discussed above, they may violate the FLSA and state laws. In such cases, you may be entitled to back wages for up to three years, including overtime pay. Understanding your rights and seeking legal representation from a lawyer for California hourly employee laws helps you navigate the legal process.
Invoking your legal rights and demanding appropriate pay for the work you have done often requires the expertise and support of an experienced lawyer. They can guide you through the necessary steps, and if multiple employees have faced similar violations, they can help you explore the possibility of a class-action lawsuit.
Understanding time clock rules is crucial for hourly employees in California to ensure fair compensation for their work. As a non-exempt employee, you have the right to clock in and out accurately, be protected from unfair rounding practices, avoid off-the-clock work without pay, and have your time properly tracked by your employer. If you believe your employer has violated these rules, consult a lawyer knowledgeable in employee laws to advocate for your rights and seek the appropriate compensation you deserve.
