Asian Journal- The Filipino-American Community Newspaper

ONE of the most important aspects of a wage claim is how employees can prove that their employer owes them additional compensation for hours worked. If an employee is claiming unpaid overtime or that he or she never takes a meal break but works during lunch, it is useful for the employee to have kept accurate time records during the work period.

Although the law does not require employers to use time clocks, the law does require employers to keep accurate records. These records should be in ink or other indelible form that show when non-exempt employees begin and end each work period. The records must show the actual hours worked by the employee. Work schedules posted in advance cannot be used to compute the employee’s work hours.

Employers may ask employees to handwrite or type out their time on a timesheet/log-in sheet, or "punch in" and "punch out" on a time clock (ranging from the mechanical to the biometric). Whatever the method, the employer must ensure that the information is accurate. A legible printed copy of the recorded time must be provided when requested by the employee. Should any time-keeping device fail to work, the employer has the burden of proving the number of hours worked

There are three concerns that may arise in connection with time-keeping records: Rounding practices, erroneous time clock punches, and non-distinction of work and meal and rest periods.

Rounding Off. Employees should record their exact starting and stopping times; however, in computing time worked, an employer may "round off" an employee’s starting and stopping times to the nearest five minutes or nearest one-tenth of one-quarter of an hour. For example, if the employee came in at 8:21, the employer may round the time off to 8:30. Rounding off is allowed only if this practice averages out over a period of time and does not result in a failure to compensate the employee for all time actually worked.

Erroneous Time Clock Punches. These may occur when employees come in early to or leave late from work and punch in and out accordingly. The employer may disregard the early or late clock punching and need not pay for them only if the employee did not do any work during those periods. For example, if the employee clocked in at 8:15 instead of the regular starting time of 8:30, but then spent the extra 15 minutes at the break room having coffee and chatting with other employees, then the employee need be paid for the extra 15 minutes of coming in early. However, if the employee came in at 8:15 and started working right away, the 15 minutes should be paid.