Legal Question in Business Law in California

Question on payroll law

Is there wage and hour code that mandates I would need to pay a person for the extra minutes over his 8 hours who, over the course of the day, clocks in 6 min early then takes on 55 min for lunch instead of 60 then stays on the job 6 minutes after his shift before clocking out? In otherwords he has added 17 minutes to his time over his 8 hours. Second question, if I am on the hook for this unauthorized overtime is it paid at time and a half?


Asked on 8/28/06, 8:19 pm

2 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Question on payroll law

Yes, you must pay employees for overtime worked, generally at time and a half rates (double time in California is some circumstances which wouldn't obviously apply here). Your recourse is to reprimand or fire the employee for not following your instructions to work only 8 hours per day.

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Answered on 8/28/06, 9:16 pm
Terry A. Nelson Nelson & Lawless

Re: Question on payroll law

No. Early/late punch of only a few minutes at each end of the day, or lunch period, is not valid grounds for overtime claim, especially when objected to by the employer not seeking overtime work from employees. Think about it: the employer is entitled to a full 8 hours, so by definition, the employee has to punch in at least a couple minutes prior to shift time. Every employee can't use the punch clock at the same time, so some will have to punch earlier than others in line just to avoid being 'late'.

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Answered on 8/29/06, 2:49 pm


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