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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
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I work in the school system in Georgia, and I am a teacher.

Customer Question

I work in the school system in Georgia, and I am a teacher. Our administration has asked teachers to clock in daily but does not clock out. When teachers are tardy for work, the administrator will print out a late report and does not give the teachers a copy of the printout. However, they write a warning informing teachers they have been late. Can anything be done about teachers clocking in on a clock for work and not clocking out?
Submitted: 2 months ago.
Category: Employment Law
Expert:  John replied 2 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)?

Customer: replied 2 months ago.
In Georgia, there are no unions. But I have tenure as an employee.
Expert:  John replied 2 months ago.

The tenure law doesn't provide you any protection in this instance; nor does any other law. For example, the employer may use tardiness as a reason for discipline and discharge. Likewise, there are no laws (such as wage laws) that prohibit employers (schools or otherwise) from using time clocks to monitor start time, and employers are free to use them for purposes of management; including discipline and discharge.

Customer: replied 2 months ago.
Even if we are salaried employees. They ask teachers not to log out because they don't want to be audited for overtime because they do not pay salaried employees overtime.
Expert:  John replied 2 months ago.

Salaried employees can be made to work any number of hours per week and are not entitled to overtime regardless of hours. Teachers in most instances would be considered salaried/"exempt from overtime" employee because they are professionals under the law. Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing. "Teachers" include, for example, regular academic teachers, kindergarten or nursery school teachers, teachers of gifted or disabled children, professors, adjunct instructors, teachers of skilled and semi-skilled trades and occupations, home economics teachers, vocal or instrument music teachers, and under certain circumstances, athletic coaches and assistant coaches. Although a preschool may engage in some educational activities, preschool employees whose primary duty is to care for the physical needs of the facility's children would not meet the requirements for the exemption as a bona fide teacher.

In your case, as such, the school's keeping of a time clock to monitor when teachers are coming in, is not in any way a wage violation; even if they don't allow you to punch out. Now if an "hourly", non-exempt person (a janitor for example) were to mandated to do the same thing and the school were audited they may be in hot water with the department of labor. But in the case of teachers it is not illegal.

Expert:  John replied 1 month ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 1 month ago.

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