HR / Legality question

Drakkon

Diamond Member
Aug 14, 2001
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I'm working in an office with only 12 people. For whatever reason my boss comes to me today and says he wants a system to track every employees in/out status throughout the day like a time clock. Everything from meetings down to BR breaks. This is at a university where i thought the attitude was kinda lax about this sort of thing. All we do is web development so its not like we aren't 90% of the time at our desks anyways.

So before starting development I gotta ask - is this legal to be tracking time to the extent of every time you get up to use the BR? I'm a full time exempt employee and I've been subject to this kinda scrutiny as an hourly employee but seems like its gotta violate something. I asked our dept head but she wouldn't even acknowledge that i asked.
 

FoBoT

No Lifer
Apr 30, 2001
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they don't use it to pay you, they use it to tie resource to projects and other planning/management stuff

i have always been salaried and still had to put time into a time tracking system

you have to assign X hours to project 'TYU' and Y hours to project 'TRE' and 8 hours of vacation on monday etc etc

it is common
 

Drakkon

Diamond Member
Aug 14, 2001
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this is not for project tracking though - we have ANOTHER system for that - this is a status at your desk system.
Kinda Like if you were using a messenger and set yourself to "AWAY" - just AWAY has to be EXACTLY what you are doing
 

kranky

Elite Member
Oct 9, 1999
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Maybe I'm missing something here, but are you asking if it's legal for an employer to track how employees use their time?

edit - saw your second post. Yes, it's legal.
 

Drakkon

Diamond Member
Aug 14, 2001
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I'm asking I guess to what level can they track your time? I mean is it really okay to be tracking BR breaks?
 

TruePaige

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Oct 22, 2006
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Originally posted by: kranky
Maybe I'm missing something here, but are you asking if it's legal for an employer to track how employees use their time?

Well it sounds silly when you say it like that. =p
 

Cdubneeddeal

Diamond Member
Oct 22, 2003
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Completely legal. I have IT constantly tracking my employees web and email traffic. I also know when employees clock in and out for IND, OUTD, and lunches. Also track their breaks.
 

spidey07

No Lifer
Aug 4, 2000
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Originally posted by: Drakkon
I'm asking I guess to what level can they track your time? I mean is it really okay to be tracking BR breaks?

Why in the world wouldn't it be OK?

Many companies do this.
 

Injury

Lifer
Jul 19, 2004
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Originally posted by: Drakkon
I'm asking I guess to what level can they track your time? I mean is it really okay to be tracking BR breaks?

Sure it is.

The issues with it would come if you take some sort of action relative to it.

I mean, if you were to fire someone because they use the restroom 2 times a day for 5 minutes you're probably looking at a law suit. But if you were to fire someone because they clock then spend an hour on the pot reading the newspaper or something no one is going to defend that. I don't think there are any written laws as to what sorts of BR breaks are acceptable and what are not, but I'd think that if your usage was enough to get you fired it's probably not gonna get you anything if you take it to court.

But the bottom line is that if you are on the clock they have a right to know exactly how their money is being spent on your time.

Perhaps there are problem employees that are taking long lunches, too many smoke breaks, or just up and wandering around too often and your boss wants to crack down.
 

Drakkon

Diamond Member
Aug 14, 2001
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Originally posted by: Cdubneeddeal
Completely legal. I have IT constantly tracking my employees web and email traffic. I also know when employees clock in and out for IND, OUTD, and lunches. Also track their breaks.
I can understand that - but do you track what they are doing on their breaks? I know the system is legal, and I'd be glad to just call it "break", but once a description is added it takes it to another level in my mind.

 

sourceninja

Diamond Member
Mar 8, 2005
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We built one here at the college I work at. After about 2 weeks people started only using it for extended afks.
 

SpunkyJones

Diamond Member
Apr 1, 2004
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Some has pissed her off, and she wants to write them up for something. I predict two months after you set this up, it stops getting used.
 

waggy

No Lifer
Dec 14, 2000
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Originally posted by: Drakkon
Originally posted by: Cdubneeddeal
Completely legal. I have IT constantly tracking my employees web and email traffic. I also know when employees clock in and out for IND, OUTD, and lunches. Also track their breaks.
I can understand that - but do you track what they are doing on their breaks? I know the system is legal, and I'd be glad to just call it "break", but once a description is added it takes it to another level in my mind.

then find another job.


its legal for them to know what you are doing when they are paying you for it.

 

Mxylplyx

Diamond Member
Mar 21, 2007
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If I had an employee come and ask me if such a thing were legal, his progression in the company would grind to a halt. That is really a stupid question.
 

CPA

Elite Member
Nov 19, 2001
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Originally posted by: Drakkon
I'm asking I guess to what level can they track your time? I mean is it really okay to be tracking BR breaks?

yes it is. In fact, my company uses a tracking system through our phones. When we go to the bathroom we press a log out key and then the numeric key corresponding to bathroom break, lunch, meeting, etc. Of course, I don't use it, but it's there :p
 

Chryso

Diamond Member
Nov 23, 2004
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Create a whiteboard with everybody's name on it. Next to their name they can write down where they are at all times.
 

MaxDepth

Diamond Member
Jun 12, 2001
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I think the OP was asking about the legality of tying hourly productivity to an exempt employee. Unfortunately, this seems to be the way the world is moving.

Even some places which have never been known as a bastion of capitalism, such as university-based nonprofits, are even going as far as requiring time in / time out badge swiping.

Now...can a full time employee be fired because their swiped hours do not match core hours? I don't know. I think it is the fear factor that keeps the employees as sheep and no one has challenged it, as far as I know.

Yes, the bean counters have gained the upper hand. But can they really put a mathmatical model around true productivity? I guess we'll let them test their theories.
 

Deeko

Lifer
Jun 16, 2000
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Originally posted by: MaxDepth


Now...can a full time employee be fired because their swiped hours do not match core hours? I don't know. I think it is the fear factor that keeps the employees as sheep and no one has challenged it, as far as I know.

Why not? Especially in an employment-at-will state. if they say you must work X hours, and you do not work X hours, you are fired.
 

Cdubneeddeal

Diamond Member
Oct 22, 2003
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Originally posted by: Drakkon
Originally posted by: Cdubneeddeal
Completely legal. I have IT constantly tracking my employees web and email traffic. I also know when employees clock in and out for IND, OUTD, and lunches. Also track their breaks.
I can understand that - but do you track what they are doing on their breaks? I know the system is legal, and I'd be glad to just call it "break", but once a description is added it takes it to another level in my mind.

Well for me, I could care less what they do on their breaks, as long as they're back in 15 minutes.