Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Looking thru employment law question - State of Florida.

Customer Question
Employee forgets to clock in...
Looking thru employment law question - State of Florida. Employee forgets to clock in or out. Our employee handbook states our mechanism for tracking hours work is Time Clock. When they forget to use the system - creates added work for admin and we are not sure of the hours worked. What can be done?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: we are a veterinary clinic, employee is a technician, Florida (at-will state), no contract, employee handbook states protocols, staff is part time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We want to implement - no clock, no pay. We are a 24-hour emergency clinic. Time clock is hte only mechanism to keep track of work hours for all hourly employees.
Submitted: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
8/22/2017
Employment Lawyer: John, Employment Lawyer replied 3 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,828
Experience: Exclusively practice labor and employment law.
Verified

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. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 3 months ago

Below on this situation is that, regardless of their failure to clock in or out, you must pay them to the best of your estimate. What you can do in this situation is create a system of progressive discipline, up to and including discharge, for failing to use the time clock. In short, you cannot force them to work for free, but you do have control of the workplace and can discipline them for that putting writeups, suspension without pay or termination. The intent is that the discipline results in them complying with the work place procedures.

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). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
if anyone states that they work a shift and we have no evidence they worked the shift - we still have to pay?
Our employee handbook clearly states that Time Clock is the official way to keep track of hours work - to be paid. If they don't clock - how are we supposed to confirmed hours? processed payroll? Discipline procedure will help re train staff to be more accountable - but does not solve the problem.
Employment Lawyer: John, Employment Lawyer replied 3 months ago

You'll generally have to work with the employee to reconstruct when they started and stopped work - yes. It doesn't matter tha it's in your handbook. The DOL does not rely on time clocks as the official measure of work.

§785.48 Use of time clocks.

(a) Differences between clock records and actual hours worked. Time clocks are not required. In those cases where time clocks are used, employees who voluntarily come in before their regular starting time or remain after their closing time, do not have to be paid for such periods provided, of course, that they do not engage in any work. Their early or late clock punching may be disregarded. Minor differences between the clock records and actual hours worked cannot ordinarily be avoided, but major discrepancies should be discouraged since they raise a doubt as to the accuracy of the records of the hours actually worked.

So, you'll get hit with a pay violation if you refuse to pay it. If you have no one there, such as a manager, to confirm the employee is working, perhaps add cameras on the premises to be able to at least confirm people are there and workin.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Thanks
Employment Lawyer: John, Employment Lawyer replied 3 months ago

You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.

Ask Your Own Employment Law Question
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,828
5,828 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,537 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,302 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,025 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,828 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Our employee handbook states that lip, nose or eyebrow rings
Our employee handbook states that lip, nose or eyebrow rings are not allowed in the workplace. We have our employees sign off on this. One employee decided to push the issue with wearing a nose ring. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am responsible for submitting payroll to an outside
I am responsible for submitting payroll to an outside company. If my company misclassifies an employee as 1099, can I be held personally responsible? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
936 satisfied customers
My employer keeps making excuses as to why payroll is
My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It's been a month since that check should have been wri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,570 satisfied customers
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,176 satisfied customers
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Case Description Employer will not pay payroll that is owed
Case Description Employer will not pay payroll that is owed and has already billed company for work completed, continues to not pay wages to me and has been avoiding paying it on multiple requests, cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a 1099 be asked to sign an employee handbook? Not a
Im in Texas the company is in California. Work at Will … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
936 satisfied customers
Do employment laws still cover employees who are being paid
do employment laws still cover employees who are being paid under the table? I have been told by the employer that the job would start with cash for the fist couple of weeks then it would turn into pa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Payroll payment dates: If payday occurs on a Saturday or
payroll payment dates: If payday occurs on a Saturday or Sunday should pay be made on Friday, i.e. - a day or two before the date ? With reference to this weekend, Monday is a banking holiday. Does PA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,176 satisfied customers
I was trying to fine specific employment laws for but im
Hi there! I was trying to fine specific employment laws for virginia but im having trouble. I was issued a summons recently for serving alchohol to a minor, I did ID him but I read it wrong. This resu… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,093 satisfied customers
My employee who works with payroll figured out commisions
My employee who works with payroll figured out commisions innacurately for a year overpaying them. I just had to fill in to do payroll and discovered this she already told these employees what the bas… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employers handbook says they do not pay out unused PTO
My employers handbook says they do not pay out unused PTO upon separation. Yet Texas State law says if you give two week notice, it is required that they pay out your PTO. Am I reading this law incorr… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,102 satisfied customers
In Colorado, what payroll information must employers provide
In Colorado, what payroll information must employers provide employees? In this case the employee is eligible for tips in addition to salary. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
Can my employer make automatic deductions to my payroll if I
can my employer make automatic deductions to my payroll if I make a mistake and he wants me to pay for it? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
What should be included in an employee handbook for state
What should be included in an employee handbook for state Nevada? I heard we need to put in an arbitration clause? Any sample… read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x