Is it legal to get a disciplinary write-up for clocking in too early and be denied a copy of the time clock sheet?

Asked on September 15, 2012 under Employment Labor Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Employers can impose disciplinary action on employees who clock in too early.  They have several reasons for doing so.  The first is to prevent any wage and hour issues.  Clocking in early means that employee will work more unscheduled minutes, which can add up to hours.  Not giving a break on time or an employee working full time vs. part time hours can impact their OSHA policies and benefit policies-- which often overlap with requirements of state and federal laws. 

To the second part of your question... the time clock sheet is their record.  You do not have an ownership interest in their records, and as such, they are not required to give you a copy.... yet.  You can get a copy by filing a subpoena via an adminsitrative hearing or a lawsuit-- if you end up in either situation.

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