Question: Do I have to pay for time employees punch in early or late after their shift is over, even if they were not working during the early or late punched time?
Answer: You only have to pay for time worked not time punched. Be sure to advise employees that you will only pay for time actually worked. If they need to work overtime it should be permitted by their supervisor.
Note: The employer must pay for all time actually worked, even if the employer did not approve additional overtime work.
The 2002 Update Of The DLSE Enforcement Policies and Interpretations Manual (Revised)
47.2.2 Differences Between Clock Records And Actual Hours Worked. Time clocks are not required but in those cases where time clocks are used, employees who voluntarily come in before their regular starting time or remain after their closing time, do not have to be paid for such periods provided, of course, that they do not engage in any work.
220.127.116.11 Actual facts must be investigated, of course, however, unless the employee is either performing work during the period or has been directed by the employer to be on the premises, the early or late clock punching may be disregarded. Minor differences between the clock records and actual hours worked cannot ordinarily be avoided, but major discrepancies should be investigated since they raise a doubt as to the accuracy of the records of the hours actually worked.
Don't take a gamble when it comes to HR Compliance - get the answers you need from a trusted advisor. Contact our Helpline with any question, big or small. We're here to help!