Often times, employers use mutable timekeeping systems. These are problematic for two reasons. Foremost, mutable timekeeping systems are problematic because the timekeeping systems are not capable of recording and reporting all of the hours that employees work. Second, these types of mutable timekeeping systems are problematic because they are subject to manipulation.
1. Timekeeping Systems Not Capable of Tracking Your Hours
In California, employers are suppose to pay non-exempt employees one and a half times their regular rate of pay for all hours worked in excess of 8 hours in a workday, 40 hours in a workweek, or the first 8 hours of work on a seventh consecutive day or work. In addition, employers are required to pay non-exempt employees double the regular rate of pay for working more than 12 hours in a single workday or for working more than 8 hours on a seventh consecutive workday.
When employers have mutable timekeeping systems, often times the timekeeping systems are not capable of tracking all of the overtime hours that employees work. This is particularly the case when employees are required to perform job duties for their employers away from the employers place of business.
2. Timekeeping systems subject to manipulation.
The second major problem with these mutable timekeeping systems is that they are subject to manipulation. As a result, managers and supervisors can alter the amount of time that employees work. For instance, suppose you worked 9 hours in a workday. The manager can go into the time system and mark it down as though you worked 8 hours. Then the employer can try to make a comp time deal with you, saying something like "you worked an extra hour yesterday so you can leave an hour early today." However, this is a problem because the employee should be receiving overtime wages for working 9 hours the previous day.
At Blumenthal, Nordrehaug & Bhowmik, our employment law attorneys represent workers throughout the state of California in actions to recover wages from employers based on the employer's illegal pay practices.
Call (858) 551-1223 in San Diego, Los Angeles, or Northern California.