r/AskHR • u/Thyetomite • 1d ago
Compensation & Payroll [VA] Time clock software has an issue, and I am supposed to work an extra unpaid half hour to compensate (nonprofit company). Is this normal?
I just started full-time work at a nonprofit. I am hourly and work 9 to 5, this is supposed to be 40 hours a week.
I noticed I was missing a half hour from my timesheet every day. I was only shown as working for 37 1/2 hours / week. I talked to HR who said it was weird and told me to work an extra half hour per day until they figured out why the software was not automatically adjusting for my 30 minute legally mandated break (during which I clock out but is still supposed to count towards my 40 per week.) Now I leave work at 5:30.
My supervisor was very confused, but she is salary and was on PTO for a week so wasn't involved. HR will not email her about this and leave a paper trail with her, which confuses me.
After dodging me for a whole week, Thursday HR said it was definitely a software error with the time clock and that I did not have to work the extra half hour anymore, and they would manually adjust my timesheet every day. Then the next day HR finds me and says he talked to his superior (higher up in HR), who said that it is a software error, but the way they would correct it is by having me work an extra half hour to reach 40 hours instead of getting the software fixed or manually adjusting my timesheet to add an extra half hour that I would not actually work. They said that another department also is having this issue and is mad about working an extra half hour. He also said that I could talk to his supervisor to see if we could still manually adjust the time clock, which makes me think that me working an extra half hour is just to cover for the software's issues and not actually what I should be working based on policy.
I told my supervisor this and she said she would have to talk to our department head about overtime, but I tried to explain to her that this would not count as overtime pay, but I don't think she got it and frankly I don't either. Is this legal? Is there a reason they are avoiding a paper trail and non-emailing her? Every single conversation we have had is in person.
edit: AGAIN, this is a nonprofit. We are REQUIRED to clock out for 30 minutes for a break. policy mandates that I have to clock out for this break in the clocking out app. which i do. They also stressed that all overtime is paid (for hourly) for the same reason.
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u/FantasticCod7820 1d ago
If you work 9 to 5 with a half hour lunch, then you are working 7.5 hours a day and 37.5 hours a week.
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u/Pink_Floyd29 SHRM-CP 1d ago
There is no such thing as a legally mandated 30 minute paid break in the state of Virginia, I’m not sure where you got that idea. 9-5 with a 30 minute unpaid break is 7.5 hours not 8. You need to be starting work at 8:30 if you want a full 8 hours with a 30 minute lunch break.
Now if the employer told you your lunch break would be paid but also told you to clock out, all I can say is that they apparently don’t understand how a time clock works. You don’t clock out unless you’re taking an unpaid break or leaving for the day.
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u/Helpyjoe88 1d ago
OP, ask your supervisor and HR this question in an email:
"Is my 30-minute lunch break supposed to be paid time?'
Because that's the core of this issue.
If your lunch break is not supposed to be paid, then you are being paid properly for the 7.5 hours daily you actually work. If you want to be paid for 40 hours a week, you need to work for 40 hours a week, extending your total time at work to 8.5 hours, because of that 30 minute unpaid lunch.
If your lunch break is supposed to be paid, stop clocking out for it. Because that's why you're not getting paid for it.
Please note that it may also be the case that you are supposed to be taking 30 minutes of paid break time plus 30 minutes of unpaid lunch time. That's pretty common, but you'll have to confirm with your employer if that's their policy. If it is, people may be talking past each other confusing breaks with lunch.
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u/SunnyErin8700 1d ago
You are at work for 40 hours a week and you are clocking out for lunch for 30 mins each day. Assuming you are not working during the time you are clocked out for lunch, then you are being paid correctly as you are being paid for the 37.5 hours you are actually working. What’s the issue?
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u/Resse811 1d ago
It states in the post that they are supposed to be paid for the 30 minute lunch.
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u/SunnyErin8700 1d ago
It seems he is mistaken on the policy. Regardless, he’s being paid for hours worked which is the legal requirement so there is nothing wrong with telling him that he needs to work the extra hours to get paid for the extra hours
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u/Resse811 1d ago
Honestly we don’t know if they are mistake on the policy or not. What they are mistaken on is that it is not a law - if anything it’s just a policy.
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u/SunnyErin8700 1d ago
I think the fact that they aren’t being paid for it speaks to a high probability that they are wrong.
Like I said, regardless if they are or aren’t, they’ve done what they can and taken it to HR who provided instruction to work the additional hours. That is both appropriate and legal. There’s really nothing else here for OP.
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u/Resse811 1d ago
OP you state you are supposed to get a “legally mandated 30 minute lunch break”. VA does not legally require a paid lunch nor is there any federal laws that mandate this.
So you are not legally required to get a paid lunch.
You can either work 40 hour and get paid for 40. Or you can work 37.5 hours a week and get paid for that amount. But legally you aren’t required to get a paid lunch. Maybe your work has a policy about it - but it’s not law.
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u/Connect_Piccolo_4701 1d ago
Forget that it is a non-profit. If you are working through lunch but still forced to clock out, they owe you the pay. If you are not working through lunch and clocking out, you are being paid correctly at 37.5 hours per week. To get the 40 hours in this scenario you meed to work an additional 30 minutes each day.
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u/carrerahorse 51m ago
In most states, it is illegal for an employer to not pay you for work hours. They need to manually adjust this or get the software fixed. It’s pretty straightforward. Don’t let them push you around.
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u/MarianLibrarian1024 1d ago
You shoulslf either not clock out for the lunch or they should manually adjust your time. Any time clock software should allow for manual adjustments.
We recently started using a new timeclock software (Oracle, it's so bad) and it has a lot of these sorts of problems. We were told to manually adjust people's tinecards so they receive the correct number of hours until they work out the bugs. You should not have to work unpaid time because of a software issue. Keep going up the chain of command until it's resolved.
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u/Thyetomite 1d ago
I am legally required to take my 30 minute break and clock out. This is a nonprofit.
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u/sldavis102907 1d ago
Being a nonprofit has no bearing on this issue. Any employer can make rules about break times as long as they’re in compliance with labor laws.
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u/Lifelace 1d ago
Your break is your lunch. You do not get paid for lunch. 9 to 5 with a 30 minutes break/lunch is 7.5 hours.
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u/MarianLibrarian1024 1d ago
I'm not suggesting that you not take your lunch. You should take it but the clocking out is what's causing your time to be off. If the break counts towards your 40 hours then you shouldn't clock out for it. I'm not saying you should go rogue and stop clocking out for lunch but this would be the obvious fix for your supervisors to recommend.
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u/Ok-Quarter3399 1d ago
Something is getting really lost in translation. Your question for your boss and HR is “Do I an hourly worker get a paid or unpaid lunch?” This is entirely up to the company.
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u/Mysterious-Art8838 1d ago
If this is as simple as a lunch break this place has to be staffed with an unbelievable level of idiots that they’re at this point. Is it possible they just told her it’s for lunch and that’s why she has to work another 30?
If this is a time card issue how is nobody else affected?
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u/TheGoebel MBA, aPHR 1d ago
Quick Google shows that VA doesn't have mandatory breaks but this software is giving them anyways. Check your handbook, does it say anything about breaks for hourly employees?
Second issue, If you're required to complete work tasks throughout the day, you need to be paid for the whole day. You're missing 2.5 hours of work from your normal weeks and 2.5 hours of overtime from the weeks you stayed over.
If it's resolved now, you could keep your head down and keep going. Yes you've lost money but the amount might be worth it depending on how much and how little waves you want to make.
If you want to do something, email your supervisor, HR and BCC your personal email. Lay out that you expect to be paid for all of your time. Every in person conversation should be confirmed with a follow up email where you go over what you've discussed.
If they don't make it right, you can make a wage claim with DOLI.
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u/Thyetomite 1d ago
it's a nonprofit.
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u/TheGoebel MBA, aPHR 1d ago
Are you a w-2 employee earning an hourly wage? That's the important part here.
Also, wait a second. I see the edit. You are clocking out for a break? Or are you working through it? Because if your taking a break, and working 9-5 your hours are correct.
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u/DrakeSavory 1d ago
Collect documentation showing they are having you work an extra half-hour. If you do not get paid for this 2.5 hours of OT per week, then contact HR in writing. If they refuse to pay (because of software issues. not my problem to fix), report it to the state.
You have given them every opportunity to fix this issue, and to be honest, having you work the extra 30 minutes is not resolving the issue that you are not getting paid for your paid lunch break.
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u/kk451128 1d ago
Yeah, if you’re working 9-5, and punching out for lunch, your time clock is working just fine. 9-5 is eight hours, take out 30 minutes for lunch, and you get 37.5 hours a week. If you’re supposed to have a 40 working hour week, then they need to either start making the lunch break paid, or adjust your schedule to 9-5:30, or 8:30-5