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Patrick, Esq.
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Category: California Employment Law
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If an employer has a set clock in time of 8 a.m. with 8:10

Resolved Question:

If an employer has a set clock in time of 8 a.m. with 8:10 as a leeway with no penalty, is it
true that that same leeway must apply to lunch breaks and punch out times?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

No, that is not true. Unfortunately, an employer is under no obligation to apply the same policy of leniency in regard to clocking in to lunch breaks and punch out times.

An employer can enact any policy that it chooses regarding clock out/in times provided the employer compensates the employees for all time actually worked. This tremendous freedom to determine policy in regard to clock out/in times is derived from Labor Code section 2922, which provides that employment in the state of California is "at will," absent an agreement to the contrary. Courts have interpreted this to mean that, since an employer retains discretion to terminate employees for no reason, he or she also retains the authority to dictate the terms of employment and impose any requirements that are not otherwise in violation of California law.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
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