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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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An employee has taken it upon himself to monitor time card

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An employee has taken it upon himself to monitor time card corrections for other employees within our company by printing the screen before the entry and then after the correction. For example 8:02 am punch in was rolled back to 8:00 am. He believes he is being "targeted" by our PR clerk. The PR clerk makes changes to many time cards daily at the request of the various department managers. The person doing the monitoring has also monitored salaried employees time, he not been shorted any hours on his pay but feels he is being singled out. By printing out the screen shots of other employees, is he breaking any laws?
Hello and thank you for entrusting me to answer your question.

While an employee doing what you describe is not violating any laws, their behavior is also not legally protected, and an employer therefore retains the freedom to discipline an employee for this sort of action.

Moreover, the practice of modifying an employee's timecard by rounding their time is not inherently illegal. To the contrary, California law specifically permits an employer to round an employee's time to the nearest one-tenth or one-quarter of an hour, but only so long as, over a period of time, rounding does not fail to compensate employees for all hours worked. (See 29 C.F.R. § 785.48(b); DLSE Manual §§ 47.1 and 47.2)

To summarize, the rounding you describe is not necessarily illegal and employees, while not violating any law by doing so, have no legal right to monitor the timecards of other employees and can therefore be disciplined for doing so.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.
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