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question about lunch break

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Old Jun 22, 2011 | 10:47 AM
  #51  
NFRs2000NYC's Avatar
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Originally Posted by NuncoStr8
Originally Posted by dirtykoala' timestamp='1308705588' post='20706479
[quote name='NFRs2000NYC' timestamp='1308662629' post='20704010']
[quote name='dirtykoala' timestamp='1308645839' post='20703570']
im hourly but i dont clock in or out, lunch breaks range from not taking one to 1.5hrs or so. everyone is flexible, i show up 15-20 mins earlier everyday, leave no less than 5 mins late, they tell me that i have a meeting after my shift and i stay around for it... what goes around comes around, nobody has a problem with me taking a long lunch or taking smoke breaks, and i go beyond my scope all the time. if i run into 20 or 30 mins of overtime, i dont charge for it. everyone wins.

i had one job where they wanted me to physically punch in and out and i left in 3 days. here i fill my timecard out once every 2 weeks.

yorue in charge and you can run things how you want, legalities will depend on your state, but im pretty sure that as far as the law will go, if you are taking a break from work, then you arent being paid. does youre employee charge for travel time to and from work? no, because shes not working. same with travel to and from lunch.
Actually no, the law is not flexible. An hourly employee cannot "fill out their own cards." Just because many employers/employees have a decent relationship, such as you, does not mean its "all good." If you ever wanted to, you can make things REALLY unpleasant for your employer. While you might not, another disgruntled employee can cost you your job, by getting your employer shut down, and yes, I've seen it happen. A business gets slapped with an INSANE fine and/or settlement for backpay (pay that was given, but never documented) and as a result, business goes bust. While I understand that it's a lot more convenient for you and a lot more laid back, your employer is shooting themselves in the foot.

Due to NYCities current economic situation, all city departments have been on a rampage in order to earn money. The labor department systematically went to every single business in NY checking time cards (by law they must be kept for 5 years in NY,) all paperwork, all writeups, etc. Not a pleasant experience let me tell you.
cool story, bro. i didnt say the law is flexible, i can and do fill out my own time card (i dont see who else would do it since no one else knows how long i worked, lol), i dont think i could do much to my employer for my timecard because my timecard is approved by me, so i wouldnt have much of a case saying that i worked more or less than i said i did, i dont think any employee is going to file a wage claim that empties my employers 60mil in reserves, i also doubt that any fine is going to be 60mil, cool idea though man, i also dont live in nyc, so maybe things are more magical over there or something. over here, when i enter a time card that says i worked for 8 hours, and then i approve my time card for 8 hours, i get paid for 8 hours.
[/quote]

Ignore him. He's yet another clueless know-it-all telling stories on the internet. He hasn't the slightest understanding of the relevant laws or how they differ state to state or even by organization size, all his "knowledge" comes from talk radio and mostly fictional anecdotes from colleagues. The idea that an employee *cannot* fill out their own timecard just demonstrates how ignorant he really is when it comes to how the world works. Don't tell him that though, he personally manages 400 employees on the internet. He probably thinks he is some sort of big shot. Too bad he's firing blanks.
[/quote]

No, it's just two clueless jackasses patting each other on the back is fun to argue with. An hourly timeclock MUST be done by a third party, not by an employer and NOT by an employee, such as a computerized system or a manual punch clock. How does an employer know you aren't just writing in whatever you want?
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Old Jun 22, 2011 | 02:54 PM
  #52  
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How does an employer know you aren't just clocking in and out whenever you want? Or that someone else isn't punching your card for you?
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Old Jun 22, 2011 | 03:24 PM
  #53  
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Originally Posted by NuncoStr8
How does an employer know you aren't just clocking in and out whenever you want? Or that someone else isn't punching your card for you?
proper management?
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Old Jun 22, 2011 | 04:27 PM
  #54  
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Originally Posted by NFRs2000NYC
Originally Posted by tak_one_77' timestamp='1308697841' post='20706149
[quote name='NFRs2000NYC' timestamp='1308661049' post='20703934']
[quote name='tak_one_77' timestamp='1308660065' post='20703903']
[quote name='S2020' timestamp='1308347422' post='20694306']
update (FWIW)
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.

And typically does she just do her 8 hours or does she clock in earlier and out later?
This would be against the law AGAINST the OP. Breaks MUST be documented (reflected on time cards) or else they never happened. How will you prove that the employee took a break? Time card is ALL the labor department cares about. Hourly employees MUST punch a clock, whether computerized or classic time cards.
[/quote]

The query was simply, can an employee, the one in question, clock in 15 minutes before say an 8AM start and after say a 4Pm finish? WHat happens in between I'm not asking about.

So put simply can an employee clock more than 8 hours a day, specifically does this employee do that?
[/quote]

The employee would be required to be paid overtime for anything over 8 hours punched in, and the break time MUST be in the middle of the shift, not before/after.
[/quote]


Right, which for an hourly worker, your not going to roll up ahead of time an not punch in. I'd doubt the worker is punching time enough for overtime.

That said, how much time is this employee possibly scamming and what is it worth?
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