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Can I pay an employee a flat rate hours without them clocking in?

We have a special needs student who comes into the pizzeria twice a week for 2 hours each time. She shows up a couple minutes early and leaves promptly at noon. I have her paid 4.25 hours a week, which covers the early time coming in. She isn't fond of technology, so we leave her be to do some busy work and walk out.

Is there an issue with the way she is paid?

10 Answers

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  • 2 years ago

    You should definitely have a record of the hours she works. Any way of recording that time is fine so if that's what you mean by "clocking in" then yes. You could otherwise be liable for paying for hundreds of extra hours over the course of time. A person paid a specific amount regardless of the number of hours they put in is to put them on salary and that is not allowed unless that person is in a supervisory or management role.

  • 2 years ago

    There's no way for you to track how many hours she worked if she does not clock in. That's the purpose of having people clock in. For all you know, she never worked at all during those times, even if you were looking right at her every day during those very hours, because there is no record of her having even showed up to work to begin with. So, no.

    The only way that can change is if you change the way people lock in from a time clock to signing a piece of paper when they arrive, and maybe even having them sign out when they leave. Or, if you track their presence by video surveillance. Or, if you hire supervisors to watch the workers, and they vouch for the workers that the workers were actually there, and working.

  • Ti
    Lv 7
    2 years ago

    Not as long as you are paying her for ALL hours she works and as long as you are paying her no less than your state’s minimum wage.

  • 2 years ago

    No problem at all. Well done for letting her work for you. As long as you and her are happy with the way her hours are recorded (and you pay her at least the legal wage*), that's fine. As already said, time clocks aren't obligatory, they're merely a helpful tool for the employer to work out the wages.

    *For what it's worth, the minimum wage for someone under 18 is now £4-35, those between 18 and 20 £6-15.

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  • Laura
    Lv 7
    2 years ago

    As long as her time is documented in a way that is ok with you and her, its fine.

    If she doesn't like technology or doesn't know how, thats fine, someone else can clock her in. You could also have a special folder for her where she writes down the time she comes in and leaves if that is better for her.

    Like another person has said, time clocks like this are just tools to help you know when your employees are and are not there.

  • 2 years ago

    You have to pay her at least minimum wage for the time she actually works, like anyone else. So long as you are doing that, you are fine.

  • 2 years ago

    If you are paying her for the hours she is there, you have no problem.

    Time clocks are management *tools*. If it isn't the right tool for the job, don't use it.

    Thank you for hiring a special needs kid. It's a better world with employers like you in it.

  • hamel5
    Lv 7
    2 years ago

    I would just keep a record of her house. But, there's no requirement that you use a time clock.

  • Anonymous
    2 years ago

    As long as you keep to minimum wage rules where you are and you pay for each hour, she still did the work but discipline her for not clocking in, give her a warning. It's not just for pay you've got to know who is and isn't there if there is a fire. If her special needs prevent her somehow make her sign in and out. I'm a bit disabled, it's not an excuse.

  • Tavy
    Lv 7
    2 years ago

    As long as she and her carers are happy there is no problem. Who is going to complain ?

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