To expand on my question I have an employee that intends to "fight me" on the policy and states it is illegal, this information obtained from the internet. Furthermore she thought a co-worker had clocked her in and that too is against policy. However, I have no written policy handbook as I was advised a long time ago that nothing should be set in stone. I can assure you that all employees have been notified of these policies. For background I own a small business with approximately 45 employees.
The policy is not illegal, in fact the court would likely uphold your policy as a prudent business practice. To require the hourly employees the clock in is a reasonable and responsible policy. I must disagree with the advice you were given on whether to have a written policy handbook. As you can likely appreciate now, publishing your policies in the form of an employee handbook and requiring that each employee sign a statement signifying their understanding and acceptance of and agreement to adhere to such policies will summarily resolve issues such as this. The advice on not to have anything written in stone was probably offered by one who was of the opinion that a poorly written policy will do you more harm than no policy at all, which may be true. However, a well written policy would serve your business well.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).