Title: Grace period-time clock
Does CA have a grace period? I have been written up for clocking in 1 min late a hand full of times. Also to note our time clock is either fast 3 mins or never set to the correct time. Does it need to be set to the correct time? Or can they just leave the clock off by a few mins and continue to harass people for being late?
Hi Ed,
Thank you for your question. I am assuming your employer applies this policy uniformly to all employees and there is no discrimination or unlawful motive here, is that right? If so, there is no mandatory grace period for clocking in and out in California. And, yes, it is legal for employers to write employees up for being a minute late, even if the employer is mistaken about the time.
The biggest concern here, from a legal standpoint, is that you might not be getting paid for all your time. If the clock is routinely being reset in a way that shorts your hours in a shift, then the employer’s usage of an incorrect clock might violate the law.
However, this is most likely not the case because the clock is probably off by the same amount when you clock in and when you clock out. As such, it is likely (though not guaranteed) that your employer is complying with the law.
I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!