Legal Question in Employment Law in California

Is a employer required to adjust a time card if there is proof that the employee was at their desk and/or doing preparatory activities (loading programs required for the job on the computer). The question is pertaining to a call center position that uses the E-Time program as a time card but also has a phone that can be logged into which has a time stamp. The situation is the phone was logged into at 9:04 and E-Time was clocked in at 9:05 but the employer states the employee wasn't ready to work so they cannot change the time card to 9:04 (stating due to the time of the phone log in the employee wasn't ready to work by 9:05 and therefore late). This resulted in a tardy penalty under the employers attendance policy, 9:05 is considered late and can be penalized up to termination. Can a employer do this?


Asked on 8/28/09, 3:47 am

1 Answer from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

time at work is work and should be paid contact me to discuss this issue.

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Answered on 8/31/09, 12:46 pm


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