Employers have the burden to record and maintain accurate time records under California law. If the employer knows employees are not properly recording their time, the employer needs to enforce a policy to have employees accurately record their time, even if it requires disciplinary action. In addition, employers need to review their time records to ensure employees are following proper procedures. Here are five reminders of best practices for time records for California:
1. Ensure the time records are accurate.
It goes without saying that the time records need to be accurate in the time that is being recorded for the employees. For the employer, this means reviewing the use of electronic time keeping systems. However, if an employer is relying upon the employee to record their time manually, or in a spreadsheet, these records must be audited to ensure that the employee is being accurate in the time they are recording. For example, the employer needs to prevent an employee manually recording their start and stop time and the same time every day without any variations. More information about electronic time records and storage requirements is available here.
2. Storing time records for the required amount of time.
The statute of limitations can reach back four years in wage and hour class actions under California law, and time records will be the primary evidence in most of these cases. California law requires employers to track start and stop times for hourly, non-exempt...
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