Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Looking thru employment law question - State of Florida.

Customer Question
Looking thru employment law...

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?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We are a veterinary clinic, employee is a technician, Florida (at-will state), no contract, employee handbook states protocols, staff is part time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 11 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 11 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
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 11 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 11 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 11 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 11 months ago
Thanks
Employment Lawyer: John, Employment Lawyer replied 11 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
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
6,049 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

6,049 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am needing information on compensation for travel
I am needing information on compensation for travel pertaining to hourly employees. From time to time we have to send service technicians out of state to our customer's place of business on machinery … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Imow I owm. N a veterinary clinic in Michigan. I recently
n a veterinary clinic in Michigan. I recently found out a new hire, 60 days, was previously an addict. Currently, I have no drug testing protocols. I could just let her go and be done with it however, she is a great worker and I think people deserve second chances. Although, we have controlled substances all around and use them daily for our patients. Not sure legally what I can do as far as starting a drug screening protocol. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
I work for a Colorado employer. Prior to 2016 all employees
I work for a Colorado employer. Prior to 2016 all employees were salaried and therefore, exempt. In 2016 we began hiring hourly employees. Beginning 1/1/18, two of the ten employees were changed from … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Oh I was just looking into if my companies employees are
Customer: Oh hi I was just looking into if my companies employees are entitled to overtime if they are paid at a flat rate. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Hello. I work in the animal care industry as a Veterinary Technician.
Hello. I work in the animal care industry as a Veterinary Technician. My job is paid at an hourly rate with standard overtime benefits (1.5x for hours over defined standard week and 2x for holidays). … read more
John
John
Employment Lawyer
Doctoral Degree
6,049 satisfied customers
if we tell employees not to come to the office, company policy
if we tell employees not to come to the office, company policy in writing (admin time) but they do anyway, do we have to pay them.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My wife is a full time (forty hour) employee of a veterinary
My wife is a full time (forty hour) employee of a veterinary hospital. She is a senior veterinary technician and is paid hourly. Each weekend one technician is required to perform treatments on animal… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I had car trouble this morning - had to get a tow truck and
I had car trouble this morning - had to get a tow truck and take into the garage to get fixed. I notified my employer at 8:02 this morning. They want a reciept to prove what I was saying is true. I ju… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
What is the Federal and State regulations for overtime at a
What is the Federal and State regulations for overtime at a Veterinary Clinic in Colorado? I am trying to find out if they owe me more overtime. They claim they don't have to pay as much overtime as I… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I am a Diesel Technician in Florida. My hourly rate of pay
I am a Diesel Technician in Florida. My hourly rate of pay is $24. My company has recently changed to a Flat Rate Pay system. If a technician is paid his full hourly rate for class room training, can … read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
Hi my name is jessy and i work as an automotive technician
Hi my name is XXXXX XXXXX i work as an automotive technician in davie florida and my question is my employer pays us by whatever the labor hour is for the job being done anyway now times are slow and … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hello Are we required to pay an employee who is clocking
Hello Are we required to pay an employee who is clocking in before their scheduled work hour and also clocking out after their scheduled work hour?… read more
Lawyer Bob
Lawyer Bob
Doctoral Degree
413 satisfied customers
I am an HR Director for a Home Health Company in IL. I have
I am an HR Director for a Home Health Company in IL. I have all HR, and Web Design responsibilities, as well as all Scheduling responsibilities. When I was hired I was told my hours were 8a-5p M-F. I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If an employee works only a 32 hour work week and I as an employer
If an employee works only a 32 hour work week and I as an employer still extend full time benfiits of health care and vacation time, am I under any legal obligation to extend to them a 40 hour vacatio… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Can I put one departments hourly employees on a time clock
Can I put one department's hourly employees on a time clock (drivers) and not put hourly admin/financial staff on one as well. they work out of the same building. The admin staff is easily tracked as … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Im a nurse working in CA. All other hourly employees
I''m a nurse working in CA. All other hourly employees track their time via the timeclock, but I have been required to track my time on paper due to the fact that I may have a clinical emergency that … read more
AlexLaw
AlexLaw
Doctoral Degree
140 satisfied customers
i work at a heating and cooling company. Myself and another ...
i work at a heating and cooling company. Myself and another technician are "book time". The owner has a new program where regular timeclock/40 hr. payscale is intermingled with our ''book time" pay ra… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
Rules regarding compensation for Flat Rate Automotive Techni
At our shop, there is no time clock to punch in or out on, however our employer requires us to be on the job for 9 hours with a 1 hour lunch, a ten hour day, and for 1 hour a day we are required to gi… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 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