Q: Should hourly employees be able to clock-in before entering the building, if part of their job is to unlock the office?
We have employees who are responsible for opening and closing the office. They are paid hourly. Would it be a problem if they are unable to clock in until AFTER they unlock the door (in a scenario where unlocking is part of their work responsibilities, and the time clock is inside the office)? Similarly, would it be a problem if they must clock out BEFORE they lock the door upon leaving (in a scenario where locking the door is part of their work responsibilities, and the time clock is inside the office)?
A:
Stated simply, yes it would be a problem. Hourly employees must be paid for all the time they spend acting for the benefit of their employer. There is no such thing as a de minimus or insignificant period of time when it comes to paying employees for all their time. If you have hourly employees who are asked to perform work before or after their pay commences, you are violating the Labor Code.
There are ways to adjust the time to make sure they are paid. One would be establishing a balanced grace period. The other would be a simple adjustment to their recorded time to address that extra work.
Good luck to you.
Brad S Kane agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
