Employment Law

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I am the site manager in a California based business. Can I…

I am the site...

I am the site manager in a California based business. Can I clock out an employee for her break and clock her back in as long as she is compensated properly for the hours that she worked?

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

California

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

At will

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Customer reply replied 4 months ago
I would like to find supporting documents in Fair Labor Law.
Answered in 3 minutes by:
3/13/2018
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,496
Experience: Employment Law Expert
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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CA law requires employers to provide a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work.

If you are not providing these breaks, you are in violation of current law.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
I clocked out the employee from 12-1 for her break. During this one hour break, she did not do any work nor was she interrupted. She is claiming that this is illegal because no one can clock her out other than herself.

That I do not agree with...you can clock her in/out if you like. There is no law that would provide otherwise. You just need to ensure your "clocking" is accurate.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
The "clocking" is completely accurate. But where can I find supporting documents to show that managers can clock employees in/out as long as compensation for work is accurate?

There is no statute that prevents this. That is, there is not a statute that states an employer can not perform this function.

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Customer reply replied 4 months ago
Just to clarify:
A manager can clock an employee in or out as long as the employee is compensated for the time worked accurately.
Customer reply replied 4 months ago
Please confirm the above is correct as I will print this out for supporting documentation.

Correct. So long as the times are accurate, you can have this policy as the employer

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,496
Experience: Employment Law Expert
Verified
P. Simmons and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
Great. Thank you!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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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.

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