Legal question. FLSA?

[Mims44 1,889]

Lotta people post various stuff in this forum, hopefully this belongs here.

And I know we got a few knowledgeable people roaming these boards, been looking up stuff for this, but can't find an exact answer.

 

 

So, FLSA states in part that rounding to 15 minute increments is permitted, and rounding should work to the employees favor.

IE: An employees time to work is 8AM to 4:30PM

8:06 time in is rounded to 8AM, a 4:24 time out would be rounded to 4:30.

 

However, as low man on the totem pole, I have been told to report and write up employees that come in 1 second or more late, or leave their desk 1 second or more early.

Everything I read in the FLSA only covers pay rate by time, I can't find anything against punishment in between these times. The guys/girls under me are awesome and we are waaay ahead of other IT depts in our region. Most of them come in 15mins early each day and start work 7mins early each day, but they also if all their business is handled like leaving early (generally between 3-5mins before 4:30.) and when I brought up this change there was already grumbling, and I don't blame them.

 

I'm gonna keep googling, but if some legal smartypants happens to see this and knows if there's anything I can present against having to do these lame write ups. Please let me know  

 

PS: for those that might provide workarounds, I've already tried the "this is gonna kill morale" route, dude ain't buying it. He's new to the post and seems..... oddly tyrannical  

 

 

EDIT to add this is a federal job within the DoD. I've been googling and learning a lot of stuff that doesn't pertain to me as it changes state by state 😕 

Edited January 4, 2022 by Mims44

[AU9377 5,035]

8 hours ago, Mims44 said:

Lotta people post various stuff in this forum, hopefully this belongs here.

And I know we got a few knowledgeable people roaming these boards, been looking up stuff for this, but can't find an exact answer.

 

 

So, FLSA states in part that rounding to 15 minute increments is permitted, and rounding should work to the employees favor.

IE: An employees time to work is 8AM to 4:30PM

8:06 time in is rounded to 8AM, a 4:24 time out would be rounded to 4:30.

 

However, as low man on the totem pole, I have been told to report and write up employees that come in 1 second or more late, or leave their desk 1 second or more early.

Everything I read in the FLSA only covers pay rate by time, I can't find anything against punishment in between these times. The guys/girls under me are awesome and we are waaay ahead of other IT depts in our region. Most of them come in 15mins early each day and start work 7mins early each day, but they also if all their business is handled like leaving early (generally between 3-5mins before 4:30.) and when I brought up this change there was already grumbling, and I don't blame them.

 

I'm gonna keep googling, but if some legal smartypants happens to see this and knows if there's anything I can present against having to do these lame write ups. Please let me know  

 

PS: for those that might provide workarounds, I've already tried the "this is gonna kill morale" route, dude ain't buying it. He's new to the post and seems..... oddly tyrannical  

 

 

EDIT to add this is a federal job within the DoD. I've been googling and learning a lot of stuff that doesn't pertain to me as it changes state by state 😕 

My initial reaction is that the FLSA does not apply to an employer's disciplinary rules. However, it may apply to suspensions of employees with or without pay that could result from the write ups you have been instructed to give out.  The most important thing is that all employees are given clear notice of the rules in place and the result or possible result of not complying.  In general, an unpaid suspension is typically one for a week or longer.  This could change depending on which jurisdiction you are in and the status of the employee as exempt or non exempt (salaried, hourly or managerial).

The FLSA is unique in that it doesn't take precedent over state employment laws automatically. In other words, courts will impose the rule that most protects the employee when there are FLSA regulations and State regulations governing the same topic.

I'm nor sure I have been much help, but I don't usually deal with regulatory laws like the FLSA. I do feel comfortable saying that I don't believe you will find anything to relieve you of having to carry out the instruction to write up employees.

[bigbird 60,580]

As IT, set up a ghost program that rounds any early clock outs to exactly 4:30. 😁

[Mims44 1,889]

14 hours ago, AU9377 said:

My initial reaction is that the FLSA does not apply to an employer's disciplinary rules. However, it may apply to suspensions of employees with or without pay that could result from the write ups you have been instructed to give out.  The most important thing is that all employees are given clear notice of the rules in place and the result or possible result of not complying.  In general, an unpaid suspension is typically one for a week or longer.  This could change depending on which jurisdiction you are in and the status of the employee as exempt or non exempt (salaried, hourly or managerial).

The FLSA is unique in that it doesn't take precedent over state employment laws automatically. In other words, courts will impose the rule that most protects the employee when there are FLSA regulations and State regulations governing the same topic.

I'm nor sure I have been much help, but I don't usually deal with regulatory laws like the FLSA. I do feel comfortable saying that I don't believe you will find anything to relieve you of having to carry out the instruction to write up employees.

After a day of googling I believe you are right 😕 Got ahold of my old SV, she said she wasn't aware of any rule, that the 7up/7down thing just seemed fair to her. IE: some days you'll work over your time but not enough for OT, so other days that are slow leave a bit early. As for the notice, he put it out the day before Christmas Eve and it went into effect yesterday.

But looks like I'm stuck, found 0 I can do to stop this weird micromanaging Dbag.

8 hours ago, bigbird said:

As IT, set up a ghost program that rounds any early clock outs to exactly 4:30. 😁

They removed all physical clock ins. I have to walk the room checking cubicles and make sure everyone is in their seat and no one stands up till clock hits 4:30. Have to do same thing in morning at 7:59-8:00.

[AU9377 5,035]

5 hours ago, Mims44 said:

After a day of googling I believe you are right 😕 Got ahold of my old SV, she said she wasn't aware of any rule, that the 7up/7down thing just seemed fair to her. IE: some days you'll work over your time but not enough for OT, so other days that are slow leave a bit early. As for the notice, he put it out the day before Christmas Eve and it went into effect yesterday.

But looks like I'm stuck, found 0 I can do to stop this weird micromanaging Dbag.

They removed all physical clock ins. I have to walk the room checking cubicles and make sure everyone is in their seat and no one stands up till clock hits 4:30. Have to do same thing in morning at 7:59-8:00.

Treating adults like children is never a good idea, unless they have acted like children.

[alexava 6,973]

11 hours ago, AU9377 said:

Treating adults like children is never a good idea, unless they have acted like children.

Good employees will accomplish so much more with a little bit of freedom that they will being held to the same standards as slackers, just to control slacking.