Legal Question in Employment Law in Washington
Employee Time Reporting (rounded)
Recently, my employer switched to an online time reporting system. The system rounds off the time of when you clock in to the later time by the minute. Additionally since its online, it has a tendency to time out when you're logging in. I'm a contractor and at my job, I have to lock up my office, then procede to take down reports to the admin office and sign my bank and keys back into security. This process takes anywhere from 3 - 10 minutes. This entire time I am not clocked in. My boss initially suggested it was ''no big deal''. I pointed out to them in $$ that it is in fact a very big deal and that even one minute accounts for potentially hundreds of dollars lost from my bank account. I now have a new boss and I'm doing this hurdle again. She told me that its too time consuming for her to edit my time card each week so I should just take it out of my lunch. The problem with that is that I have no idea how long ending will take so I am potentially getting the shaft. I work 52 hrs a week and every bit helps. Is this system they have legally allowed? This company is awful!!! I'm not the only person who is--name removed--with this new system.
2 Answers from Attorneys
Re: Employee Time Reporting (rounded)
I think Merry is assuming that you are a contractor meaning that payroll taxes are not withheld, you get a 1099 at the end of the year, etc.
If you are being told that you are a contractor (in that sense) yet your time is being clocked that closely, you are arguably an employee and not a contractor, no matter what they are telling you. (The IRS web page has some helpful information on when someone is a contractor and when someone is an employee.) You may want to dispute that definition with your employer.
If, however, you mean that you are a contractor in the sense that you are working for a building contractor (for example), then you are still an employee.
Either way, the Department of Labor & Industries is the right place to go for help. It is their job to enforce adherence to the wage laws.
Hope that helps.
Re: Employee Time Reporting (rounded)
First of all, you say you're a contractor, but also talk about a boss and refer to yourself as an employee. You're either a contractor or an employee, but not both. There's a huge legal difference.
If you are an employee, talk to the State Dept of Labor and Industries' wage and hour division. It sounds as though you are being cheated of time.
If you are a contractor, you need to look at this time system vis a vis the contract you have with this company or business. Why would you possibly agree to be cheated out of time in your contract? Having to use this new system may violate our contract.
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