Is this even legal?!?!!?

Question

For some reason recently my boss has been making me e-mail him when I arive and leave work. I am the only one out of about 7 employees that has to do this. I feel singled out. I get singled out in the office about other things too. This week he has been in California on business and I have forgotton to e-mail him the last 2 days. Today I got this e-mail from him...
"A reminder that you haven't been reporting your arrival and
departure times the last few days. Please give me a summary for this week and try to get back on track. Since I am unable to check on this visually I rely on this. I discussed this with our time keeper in the human resources department and she agreed that starting next week they would only pay for hours logged in and out in this way. Thanks."
If I am here for 8 hours, they can't NOT pay me...Right!?!?!
And to be completely honest with you, my hours are not the ones he should be worried about. I have co-workers that will work 4 hrs and put 8 on thier card.

Answer 1

Well, something is definitely up with your boss...rather than stew about it, ask him why you have been singled out. He may have been given some false information about you, etc. It's better to confront him than to be bitter.

Answer 2

If this employer is subject to Federal law (the Fair Labor Standards Act, or FLSA) and neither it nor you are otherwise exempt, then it is absolutely NOT legal for your employer to only pay you for what is logged in or out on a computer. Title 29 of the Code of Federal Regulations (CFR), Part 785, states than an employer is obligated to compensate employees for any time that is suffered or permitted to be worked. Not just hours logged in, or hours approved, or anything else - for all time that is suffered or permitted to be worked.

In addition, 29 CFR Part 516 also requires employers to keep an accurate record of all time worked. If your employer's records don't match what you, as the employee, have actually worked, that would be an additional violation of the FLSA.

There are a lot of other factors that would go in to determining whether or not your situation is truly a violation, however, including your rate of pay, whether or not you ever work more than 40 hours in a week, whether your employer actually follows through with his proposal or is just talking about it, etc., etc. The best thing to do would be to contact the US Department of Labor's Wage and Hour Division. They have investigators there who can answer all your questions and help you figure out whether or not there is really a problem here. They can even contact your employer for you, if you like. You can reach them online at www.dol.gov, or toll-free at 1-866-4US-WAGE.

Hope this helps.

Answer 3

How do you know you are the only one doing this? Maybe you are doing it this week and a co-worker will be asked to do it next week. Maybe your co-workers are just following the direction they have been given and not running around complaining about it. The company for whatever reason chooses not to have their employees use a time clock and this is your bosses way of verifying your actual work hours. Why complain about it? It is a requested job duty. If this is the biggest problem you have with your job thank your lucky stars. These days, be happy you have a job because many of us do not. For a good job I would call my boss at home and tell him I have arrived at my workstation if that is what he asked me to do.

Answer 4

You have been requested to preform a duty through your job, failure to do so would result in termination.

In the work world there is a lot of people that think that the reason they are at the job is to get paid. The employer wants you at the job to make an improvement that will make an income for the company. If everyone at the company got paid the same amount as you, WOULD YOU WANT THE BILL TO PAY THEM? Most of us would say no. But most of us think our salary is no big deal, we don't understand that it is not our salary it is the overall company cost. We keep looking at life based on our narrow view point.

Answer 5

It is legal -- for whatever reason, your boss is using you as an example. Your employer can set rules about how you "clock in" and pay you accordingly. This is not contrary to any labor code laws that I am aware of. In fact, I know of a guy who was in a similar situation: amongst many co-workers of varying degrees of "attendance" this guy that I know had to email his boss when he arrived at his desk. His co-workers, teammates and cubicle-neighbors did not have to do this, just like you. Sorry but it's your bosses call -- I'd either ask him about WHY he is singling you out (don't point fingers at your slacking co-workers -- that never impresses a boss about your character), or I'd quit. That is pretty rude, and he'd better have a decent reason for it or I'd move on.

Answer 6

Since you don't have a time clock, he is giving you a virtual one by asking you to e-mail him. Rather than worry about others who will in their own time get caught, my suggestion is just to give yourself constant reminders so you don't forget. It looks as though forgetting will cost you money soon, so that should be a big reminder. Whether or not it is right, I don't know, that should be answered by a employee law professional. Prayers =)

Answer 7

I'm sure it's legal. It's no different than requiring you to punch a time clock. But if it doesn't apply to all employees of the same status, then it isn't fair. You should do your best to follow the rule, and check with human resources for any written policy on the subject.

Answer 8

Its perfectly legal to implement a clocking system, if you don't put down the right hours then you won't get paid.

However, if this only applies to you and not your colleagues I recommend you speak to your boss as to why he has singled you out. Failing that you could always cry discrimination.

Answer 9

Talk to him about it, ask if its a fair and legal practice to do that. If he gives you the run around, Id suggest calling the Better Business Bureau and also contacting someone higher level than him. Is there a hotline your company has to call? Good luck.

Answer 10

I would be totally offended by this, if you are the only one having to check in and out via email. Why dont you express your feelings to him. Ask him if there is a reason he does not trust you, AND tell him about the time stealing coworker of yours.