Frequently Asked Questions

Q: How do I delete a row in ADP Time & Attendance?

A: Click on the left menu icon on the row you’re trying to delete. Click Delete Row. Click Save.

Q: How do I give my employee access ADP Time & Attendance?

A: Go to https://runpayroll.adp.com/ and login with your admin credentials. Hover over the Company tab. Click Employee Access. Click Manage Employee Access. Check the box for each employee you want to provide access and enter their emails so they can register. Click Save.

Q: My employee is receiving the error, “can’t find a match for your credentials” when trying to register for employee access, how do I fix this?

A: Verify the employee's Birthday, SSN, and Name is entered correctly in the Employment Info page of ADP RUN, and that they employee is entering the same information, i.e. not entering a nickname.

Q: How do I give another user practitioner access to ADP Time & Attendance?

A: Under Company > User Security in RUN, you will see a new field, Is TLM Practitioner, select Yes.

Q: How do I give another user practitioner access to ADP Time & Attendance only?

A: Under Company > User Security in RUN, use the TLM Only role to allow users to perform time and attendance tasks, without gaining access to pay pages or information. This can help protect your payroll data.

Q: How do I give my employees mobile access?

A: Ask an Implementation Specialist to enable Mobile for your employees. The employee can download the ADP Mobile App from the App Store on their Apple device or from Google Play on their Android device.

Q: Can I restrict mobile access for my employees?

A: Yes, access can be restricted to groups of employees or by specific geographic locations. If you wish to set restrictions or enable mobile for employees who clock in and out please contact the Implementation team.

Q: How do I add an employee’s fingerprint to an ATS 700?

A: Tap on the wrench icon (top right corner) – Enter Setup Password (if applicable) – Click on Enroll – Click ENTER - Enter employee badge number - Press ENTER – Present employee finger - Hold until instructed to Remove Finger by screen prompt. Once successfully added the clock will display, Enrollment Good! Thank you!

Q: How do I enroll employees on an ATS 300?

A: The employee will simply swipe the badge assigned to them by the administrator on the ATS 300 Time clock. Please contact ADP for further assistance.

Q: How do I enroll employees to the Kronos 4500?

A: Swipe the S badge (Supervisor Badge) - Enter the Supervisor password (Usually 00000) - Press Enroll Employee – Follow prompts to enroll finger. Click here for a visual guide with full instructions.

Q: What do I do if my clock is not sending punches to the timecards?

A: Reboot the clock by unplugging the power cord from the power outlet and plugging it back in. Give about 10 to 15 minutes before checking the timecards again to see if the punches are there. If no punches on timecards, please contact ADP for further support.

Q: Will my time clock allow my employees to do transfers from one department to another department?

A: Yes, all ADP time clocks will allow employees to transfer from one Department to another Department. Departments will need to be added on Time and Attendance and the transfer option enabled for your time clock. Please contact ADP for further assistance.

Q: Will my time clock lose punches if disconnected from power or network?

A: No, your punches will be stored on your clock internal memory until the punches are sent to the time cards.

What are biometrics?

In general, biometrics are physiological and behavior characteristics that can be used to identify individuals (and to verify their identity). Biometrics generally include, among other things, fingerprints, hand prints, retinal scans, iris scans, facial geometry, and voice prints.

What biometric data is collected, stored, and used when employees sign in and out via timeclocks with a biometric clock, or biometric attachment?

ADP’s biometric timeclocks or biometric timeclock attachments do not collect, store, or use actual fingerprints. Instead, during the enrollment process, the timeclock attachment scans the employee’s fingertip, and stores and uses an encrypted mathematical representation of that fingertip.

Are there compliance considerations to be aware of related to biometric timeclocks or biometric timeclock attachments?

Yes. In some states in the U.S., laws exist that regulate the collection, use, and disclosure of certain biometric identifiers and biometric information, which potentially may apply to biometric data used in biometric timeclocks or biometric timeclock attachments. Those state laws are in the process of being interpreted and applied by the courts, and their scope is not yet clear.

Although the legal impact of these laws on ADP’s biometric timeclocks or biometric timeclock attachments has not yet been resolved, ADP is sharing information with its clients that may be helpful to their efforts to ensure that they are complying with applicable laws.

Can a client use biometric clocks in some locations, but not others?

Yes, biometrics can be used at some client locations and not at others. Depending on which model clock a client has, the same clock may be able to be used without the biometric reader, if the reader is disabled. Other clocks may not be able to function properly without the use of biometric scans and may need to be replaced.

What states have laws affecting the use of biometrics?¹

The following is a non-exhaustive list of states that regulate the use of biometric technology in ways that may impact the technology used by employee timeclocks.

Illinois

The Illinois Biometric Information Privacy Act (740 ILCS § 14/1, et seq.) requires that companies make disclosures and obtain a written release before collecting and storing biometric identifiers and information. It also imposes requirements on how biometric identifiers and information may be stored and used, and when they must be destroyed.

Increase in class-action lawsuits filed under Illinois Biometric Information Privacy Act

Employers using timeclocks that use employee finger or hand scanning technology to clock in and out may have heard about a recent surge of class action lawsuits asserting that such technologies are covered by the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”).

Since July 2017, more than 30 such lawsuits have been filed against employers operating in Illinois. These cases generally allege that employers violated BIPA by failing to obtain written releases signed by their employees before collecting, storing and using biometric identifiers and information; as well as failing to make disclosures and have certain policies related to the use and storage of biometric identifiers and information.

While these cases include employers who use finger and hand scan timeclocks, courts have yet to resolve whether the finger and hand scan technology involve the collection, use or storage of “biometric identifiers” or “biometric information,” as those terms are defined in the statute.

At the time of writing of this article, no court has yet held that BIPA applies to the use of such timeclocks. Further, it is not clear whether a plaintiff (e.g. an employee) must have suffered actual injury in order to pursue a claim, or whether a technical violation of the statute, without an injury to the plaintiff, is sufficient.

New York

Under New York law (New York State Labor Law Section 201-a), except as otherwise provided by law, no person, as a condition of securing employment or of continuing employment, shall be required to be fingerprinted.

Texas

Texas law (Tex. Bus. & Com. Code Ann. §503.001) requires that companies obtain consent before collecting biometric identifiers. It also imposes specific requirements on how such biometric identifiers may be stored, used and when it must be destroyed.

Washington

Washington law (R.C.W. §§ 19.001.001 et seq.)² requires notice and consent before biometric information may be collected in certain circumstances, and also imposes requirements related to the storage and maintenance of the information.

Who is responsible for compliance with these laws?

The client is responsible for compliance with all laws applicable to its business and is advised to consult with its internal or external legal advisors to determine if or how these laws apply to the client’s use of ADP’s products, including biometric timeclocks or biometric timeclock attachments, in the client’s interactions with its employees. Among other things, the client potentially may have disclosure and consent requirements relating to one or more biometric privacy laws. ADP maintains its own internal policies to maintain compliance with biometric privacy laws, to the extent that they potentially may apply to biometric data collected by ADP’s clients and transmitted to ADP.

What does ADP do to assist Clients with compliance with biometrics laws?

As a courtesy, ADP is providing a Sample Biometrics Policy and Consent Form to its clients. These documents are intended as a starting point for clients to discuss and adapt to their unique situation, in consultation with their own legal advisors. ADP IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. CLIENTS ARE ADVISED TO REVIEW THESE DOCUMENTS WITH THEIR OWN LEGAL ADVISORS BEFORE RELYING ON THESE TEMPLATE DOCUMENTS.

What if the client is threatening legal action or asking questions about how ADP will respond to lawsuits?

For all inquiries of this nature, please contact the ADP Legal Department as soon as possible.

What is ADP's Biometrics Policy?

You can find that and other useful information on the ADP Online Privacy page.

Employer Takeaways & Best Practices

While it is impossible to predict how courts will interpret the law, and whether the BIPA or similar statutes will be found to apply to the use of timeclocks that use finger scan or similar technology, there are some best practices that employers should consider.

• Review where your operations are located to determine whether any facilities potentially may be subject to regulation on the use of biometric technology.

• Discuss how laws potentially apply to your operations with your legal advisor, and determine the best way for your organization to conduct operations in light of such laws.

• Determine whether, in light of the lawsuits asserting that BIPA applies to the use of finger and hand scan timeclock technologies, it would be advisable to obtain written consent from individuals using such technologies, and to implement a publicly available policy related to the collection, storage, use and retention of any biometric data collected.

• In October 2017, ADP shared a template employee consent and policy with clients using hand or finger scan timeclocks. Review these documents with your legal and/or HR advisors to determine whether they are appropriate for your organization.

• Monitor relevant legal developments, as this area of the law is fluid and unsettled.

¹ This list is a representative sample that includes known laws as of the date of this publication. Other applicable laws may exist. 
² This law passed as House Bill 1493 on March 2, 2017 and became effective on July 23, 2017. The statutory classification is tentative and subject to change.

Fair Labor Standards Act (FLSA) Requirements

Note about the Department of Labor (DOL) Proposed Overtime Rule: On March 17, 2019, the DOL released its proposal to increase the salary threshold required in order for an employee to be exempt from the Fair Labor Standards Act (FLSA) overtime requirements. The proposed rule increases the amounts required to be earned by an employee in order to qualify as exempt from the FLSA overtime requirements from $455 per week ($23,660 annually) to $679 per week ($35,308 annually).

The proposed rule also permits employers to satisfy the new salary level requirement by using nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the salary level test.

Finally, under the proposed rule, the new salary level for a Highly Compensated Employee (HCE) will be $147,414. The current level is $100,000.

There is no change to the duties requirements to be considered exempt from FLSA overtime.

The DOL has stated that it expects the new rule to be effective January 2020.

Basic FLSA Requirements:

Generally, employers must pay most employees overtime at one and one-half times their regular rate of pay for all hours worked over 40 hours in a workweek. See Overtime Pay Requirements of the FLSA here.

The FLSA allows for exemptions from these overtime requirements for certain employees who work in administrative, professional, executive, highly compensated, outside sales, and computer professional jobs as defined in the regulations that implement the FLSA. These employees are known as "exempt" employees. To be classified as exempt, employees must generally satisfy all of the following tests:

• The employee must be paid on a salary basis (with very limited exceptions, the employer must pay employees their full salary in any week they perform work, regardless of the quality or quantity of the work);
• The salary must meet or exceed the minimum requirements for exemption;
• The employee must perform specific job duties. Each type of exemption has its own set of primary duties that an employee must perform in order to qualify for the exemption.

To determine if you have employees who may qualify for an exemption, see the relevant Department of Labor (DOL) Fact Sheets.

Best Practice: Ensure that employees who currently receive less than $455 per week (and/or don't satisfy the duties tests) are paid overtime in accordance with federal requirements and any applicable state or industry requirements. Ensure that current Time and Attendance setup includes overtime tracking for all overtime eligible employees to earn overtime for hours worked in excess of 40 hours in a workweek as well as any applicable state or industry requirements – which may be more generous to employees. Stay on top of the status of the DOL proposed rules. For further information about the FLSA requirements and overtime rules, click here.

Several states, including, but not limited to, California, Colorado and Nevada, have overtime rules that differ from the FLSA, including some that require overtime after working a certain number of hours in a workday and/or have different overtime rates for certain situations. For example, Colorado generally requires employers to pay non-exempt employees overtime whenever they work more than 12 hours in a workday or 40 hours in a workweek. Other states, including, but not limited to, New York, have laws regarding split shift or spread of hour premiums that may require additional pay for employees. Where federal and state law conflicts, the law that is most beneficial to the employee prevails. Please refer to the DOL chart for state-specific overtime and other related pay information.

Meal and Rest Periods

The FLSA doesn't generally require employers to provide rest breaks or meal periods (although many states do). However, the FLSA has specific rules for employers that do provide break periods.

Generally, all rest breaks must be paid, treated as hours worked and count towards overtime. The DOL defines a rest break as any period lasting 20 minutes or less that the employee is allowed to spend away from work. Meal periods must generally be paid unless they last at least 30 minutes without interruption and the employee is fully relieved of all duties for the purpose of eating a regular meal.

Many states, including, but not limited to, California, Illinois and New York have enacted laws requiring that employers provide meal periods and some states also require rest breaks.

The FLSA generally requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child's birth. Employers do not need to pay employees for lactation breaks provided the employee is fully relieved of duties during that time. In circumstances where employers provide compensated breaks, an employee who uses her allotted rest break to express milk shall be compensated the same way other employees are compensated for that break time. Some states may have additional requirements concerning lactation breaks and related accommodations, and employers should check the state laws in their jurisdiction. For further information on the FLSA's break time requirements for nursing mothers, click here.

Best Practice: Ensure that ADP Time and Attendance is set up to: 1) allow employees to clock out and back in for meal breaks and employees are paid for rest breaks of up to 20 minutes, and 2) ensure employees are being provided meal and rest breaks in accordance with state requirements and applicable DOL rules.

For more information about federal meal and rest break rules, click here.

Rounding

Under the FLSA, employers may implement timekeeping policies that round employee punch in and punch out times to the nearest five minutes, one-tenth or one quarter of an hour, provided that certain conditions are met. A rounding policy that consistently rounds in the employer's favor or results in the failure to count all the time employees have actually worked is not permitted. Some states may also place limits on time rounding.

Best Practice: Eliminate rounding and track time to the minute worked. Ensure ADP Time and Attendance is setup to track employee time worked minute to minute.

Time Card Restrictions

The FLSA generally requires that non-exempt employees be paid for all the time they actually work, even if the time wasn't approved or authorized in advance. Therefore, the following timekeeping practices wouldn't comply with the FLSA if employees perform work before or after their scheduled shift:

• A timekeeping practice whereby employees are prevented through the timekeeping system from "punching in" prior to their schedule start time.
• Allowing employees to punch in but not paying them until the scheduled start time.
• Enabling a timekeeping system to automatically adjust / round time entries to the scheduled start / stop time (except where permissible rounding rules apply). For example, if an employee is scheduled to work at 9:00AM and punches in between 8:30 and 8:59 the clock would not register and/or the employee will not be paid until 9:00AM.

Best Practice: Ensure your Time and Attendance is not set up with time card restrictions and employees are paid for all work performed both prior to and after their start and end times.

Automatic Meal Break Deductions

Automatic deductions for meal periods may not be unlawful provided employees either always take a full meal break or record time worked during meal periods. However, some states have strict recordkeeping requirements regarding meal periods, and automatic deductions may violate these requirements if employers fail to track hours.

Best Practice: Employers should not institute automatic deductions for meal periods (for example, automatically deducting 30 minutes each day for a meal period). This can help guarantee that employees are paid for missed lunch breaks, account for times when employees return late from lunch, and ensure employers meet state recordkeeping requirements. Configure ADP Time and Attendance to record meal periods by requiring employees to clock out and back in when taking meal breaks. Employers with rounding practices should ensure that they provide employees with the entire 30-minute meal break.

Paid Sick Leave Requirements

Several states and many local jurisdictions have enacted laws requiring employers to provide sick leave to employees. Generally, these laws address whether the leave is paid or unpaid, the circumstances in which employees can take leave, how much time they can take per year, how the leave accrues, and whether the time carries over from year to year. Most paid sick leave laws permit employees to take leave to care for themselves or a family member.

Best Practice: Ensure that ADP Time and Attendance is setup to accrue and carryover earned sick time in accordance with the requirements of applicable state and local law.

By taking the above steps to review and enhance time and attendance practices, employers can minimize wage and hour compliance risks and help ensure that employees are paid for all hours worked. Employers may want to consult with their HR or legal advisors for further assistance in navigating wage and hour requirements.

Biometric Timeclock Best Practices:

Biometrics are physiological and behavior characteristics that can be used to identify individuals (and to verify their identity). Biometrics generally include, among other things, fingerprints, hand prints, retinal scans, iris scans, facial geometry, and voice prints. ADP’s clients are responsible for compliance with applicable law and for adopting their own biometric data privacy policies. You can find ADP's Biometrics Policy and other useful information on the ADP Online Privacy page.

Best Practice: To the extent required by law, clients should obtain written authorization for the client, ADP, and/or the licensor of ADP’s time and attendance software to collect, retain, and use biometric data from each employee prior to collection of such data and setup timeclocks, use of data and any applicable policies in accordance with applicable laws, rules and regulations. Click here for a Sample Policy and Consent form.

Federal and State Overtime Requirements:

Note about the Department of Labor (DOL) Proposed Overtime Rule: On March 17, 2019, the DOL released its proposal to increase the salary threshold required in order for an employee to be exempt from the Fair Labor Standards Act (FLSA) overtime requirements. The proposed rule increases the amounts required to be earned by an employee in order to qualify as exempt from the FLSA overtime requirements from $455 per week ($23,660 annually) to $679 per week ($35,308 annually).

The proposed rule also permits employers to satisfy the new salary level requirement by using nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the salary level test.

Finally, under the proposed rule, the new salary level for a Highly Compensated Employee (HCE) will be $147,414. The current level is $100,000.

There is no change to the duties requirements to be considered exempt from FLSA overtime.

The DOL has stated that it expects the new rule to be effective January 2020.

 

Basic Fair Labor Standards Act (FLSA) Requirements

Generally, employers must pay most employees' overtime at one and one-half times their regular rate of pay for all hours worked over 40 hours in a workweek. See Overtime Pay Requirements of the FLSA here.

The FLSA allows for exemptions from these overtime requirements for certain employees who work in administrative, professional, executive, highly compensated, outside sales, and computer professional jobs as defined in the regulations that implement the FLSA. These employees are known as "exempt" employees. To be classified as exempt from FLSA, employees must generally satisfy all of the following tests:

• The employee must be paid on a salary basis (with very limited exceptions, the employer must pay employees their full salary in any week they perform work, regardless of the quality or quantity of the work);
• The salary must meet or exceed the minimum requirements for exemption (see below regarding new overtime rule);
• The employee must perform specific job duties. Each type of exemption has its own set of primary duties that an employee must perform in order to qualify for the exemption.

To determine if you have employees who may qualify for the FLSA exemption, see the relevant Department of Labor (DOL) Fact Sheets. Be sure to review California's more generous overtime requirements and exemption criteria to help you ensure compliance with both federal and state law.

Best Practice: Ensure that employees who currently receive less than $455 per week (and/or don't satisfy the duties tests) are paid overtime in accordance with federal requirements and any applicable state or industry requirements. Employers should ensure their current Time and Attendance setup includes overtime tracking for all overtime eligible employees to earn overtime for hours worked in excess of 40 hours in a workweek as well as any applicable state or industry requirements. Stay on top of the status of the DOL proposed rules. For further information about the FLSA requirements and final overtime rules, click here.

California Overtime Requirements

California requires overtime in more situations than the FLSA. In California, non-exempt employees must receive 1.5 times their regular rate of pay for:

• hours worked in excess of eight in one workday,
• more than 40 hours in one workweek (same as FLSA), and
• for the first eight hours of work performed on the seventh consecutive work day in a single workweek

California employees are also entitled to double their regular rate of pay for all hours worked in excess of:

• 12 hours in any workday, and
• eight on the seventh consecutive work day in a workweek.

California Overtime Exempt Requirements

Like the FLSA, California's law has exemptions from these overtime requirements for administrative, professional, executive, and outside sales employees that meet certain salary and duties tests. However, the state's salary and duties tests differ from the FLSA. To be classified as exempt from overtime, employees must generally satisfy both the federal and state tests. Where federal and state law conflicts, the law that is most beneficial to the employee prevails.

Minimum Salary Required for Exemption Under State Law

California law requires that in addition to satisfying the applicable duties tests, exempt employees must be paid a salary of at least twice the state minimum hourly wage rate based on full-time employment of 40 hours per workweek. Beginning January 1, 2019, the new minimum wage rates will be $11.00 per hour for employers with 25 or fewer employers, and $12.00 per hour for employers with more than 26 employees. This means employers with 26 or more employees must pay a salary of at least $960 per week to meet certain overtime exemptions, and employers with fewer than 26 employees must pay a minimum salary of at least $880 for these exemptions.

Impact of Final FLSA Overtime Rule on California Overtime Requirements

Currently, California's minimum salary requirement exceeds the FLSA's requirement. This means even if an employee's salary meets or exceeds the FLSA's minimum salary requirement of $455 per week ($23,660 per year), they would still be subject to California's overtime requirements if their salary is less than California’s minimum requirements ($880 or $960 per week depending on the number of employees).

To determine if you have employees who may qualify for exemptions under state law, see the relevant section of IWC Wage Order #4.

Best Practice: Ensure that employees who currently receive less than California’s minimum salary requirements are paid overtime in accordance with state and federal requirements, and plan for the state salary threshold to increase on January 1, 2020 (because the minimum wage is scheduled to increase). Employers should confirm their current Time and Attendance setup includes overtime tracking in accordance with California's daily, weekly and seven consecutive day overtime requirements.

Note: California has a number of additional overtime exceptions, and the tests for these may be different than those for the white collar exemptions. For more information about several exceptions to the general overtime rules, click here. Consult an HR professional or local counsel if you believe any of these exemptions or other exceptions apply.

Meal Period Requirements and Penalties:

General Meal Break Rules

5 Hour Meal Break: In California, employers must provide employees the opportunity to take an uninterrupted 30-minute meal period after no more than 5 hours of work, unless the total workday is less than 6 hours and the employer and employee mutually consent to waive the meal period. The meal period must begin before the 5th hour of work, and the employee must be relieved of all duty during any state-mandated meal period.

Example: If an employee begins work at 9:00 a.m., they must be permitted to take a 30-minute meal break no later than 1:59 p.m.

If the employee isn't relieved of all duty during the 30-minute meal period, the meal period counts as hours worked, which must be compensated at the employee's regular rate of pay. If the nature of the work prevents an employee from being relieved of all duty, employers and employees can agree to waive the meal period requirement. The agreement must be in writing and must state that the employee may, in writing, revoke the agreement at any time.

Note: If the employer requires the employee to remain at the work site or facility during any meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period.

10 Hour Meal Break: In California, employers must also provide employees with a second, uninterrupted meal period for at least 30 minutes if an employee works more than 10 hours per day. If an employee works no more than 12 hours, the employer and employee may mutually agree to waive the second meal period, but only if the first meal period was not waived. To satisfy the second meal period requirement, the employee must begin the meal period before the tenth hour of work.

Example: If an employee begins work at 9:00 a.m., they must be permitted to take the second meal break no later than 6:59 p.m.

Meal Break Penalty

Failure to provide a meal break by the end of the fifth (and tenth) hour results in a penalty of one additional hour of pay at the employee's regular rate of compensation for each workday that the meal period is not provided.

Lactation Breaks and Accommodations

California requires employers to provide reasonable break time for an employee to express breast milk for her nursing child. If possible, breaks should be taken during the employee's usual rest and meal periods, as described above. Employers are not required to pay employees for break time in excess of those required by law or previously authorized by the employer. California also requires employers to provide employees with adequate facilities for breastfeeding or to express milk. For further information on California's lactation accommodation requirements, click here.

Best Practice: Confirm that ADP Time & Attendance is set up to provide for meal breaks no later than the fifth and tenth hour of work, and any penalty is awarded on the hour at the sixth and eleventh hour.

For more information about California meal period requirements, click here.

Rest Period Requirements and Penalties:

General Rule

California employer must permit non-exempt employees to take an uninterrupted rest period for a minimum of ten minutes for each four hours (or major fraction thereof) worked, unless an employee works less than 3.5 hours in workday. A rest period is considered time worked, and employees must be paid.

Example: If a non-exempt employee works 6.5 hours, the employer must provide the employee with two paid rest breaks. The first rest break covers the first 4 hours worked, and the second covers the remaining 2.5 hours worked (required because 2.5 is a major fraction of 4 hours).

Employers that fail to provide employees with state mandated rest periods must pay the employee one additional hour of pay at the employee's regular rate of pay for each workday the rest period is not provided.

Example: if an employee works an eight hour work day and is not provided one of the rest breaks, the employer must pay the employee for the eight hours worked, plus an additional hour at the employee's regular rate.

Best Practice: Review meal and rest period policies to help ensure they instruct employees to take at least a ten minute rest period every four hours (or major fraction thereof), and outline a reporting procedure for employees to utilize if they are not being permitted to take a rest period.

For more information about rest period requirements, click here.

Rounding:

General Rule

Employers may implement timekeeping policies that round employee punch in and punch out times to the nearest one-tenth, or one-quarter of an hour, provided that certain conditions are met. A rounding policy that consistently rounds in the employer's favor or results in the failure to count all the time employees have actually worked may be subject to compliance risks.

Best Practice: Eliminate rounding and track time to the minute worked. Confirm that your ADP Time & Attendance is setup to track employee time worked to the minute.

Automatic Meal Break Deductions:

General Rule

Automatic deductions may not be unlawful provided employers can show that employees either always take a meal break or record time worked during meal periods, but they are also a common source of wage and hour complaints. Even if an automatic deduction is properly applied, employers must continue to track hours carefully.

Best Practice: Employers should not institute automatic deductions for meal periods (e.g. automatically deducting 30 minutes each day for a meal period). This can help guarantee that employees are paid for missed lunch breaks, account for times when employees return late from lunch, and ensure employers meet state recordkeeping requirements. Configure ADP Time & Attendance to record meal periods by requiring employees to clock out and back in when taking meal breaks. Employers with rounding practices should be sure to provide employees with the entire 30-minute meal break.

Paid Sick Leave Requirements:

California and many of its local jurisdictions, such as San Francisco, have enacted laws requiring employers to provide sick leave to employees. Generally, these laws address whether the leave is paid or unpaid, the circumstances in which employees can take leave, how much time they can take per year, how the leave accrues, and whether the time carries over from year to year. For example, California's Healthy Workplaces, Healthy Families Act requires employers to provide eligible employees one hour of paid sick leave for every 30 hours worked. Employees can use 24 hours (or 3 days) of accrued paid sick leave for each year of employment. Some cities may offer more generous protections for employees, and employers must comply with the law that is most beneficial to the employee. Most paid sick leave laws permit employees to take leave to care for themselves or a family member.

Best Practice: Confirm that ADP Time & Attendance is setup to accrue and carryover earned sick time in accordance with the requirements of applicable state and local law.

By taking the above steps to review and understand time and attendance practices, employers can help minimize wage and hour compliance risks and help ensure that employees are paid for all hours worked. Employers may want to consult with their HR or legal advisors for further assistance in navigating California's wage and hour requirements.

Biometric Timeclock Best Practices:

Biometrics are physiological and behavior characteristics that can be used to identify individuals (and to verify their identity). Biometrics generally include, among other things, fingerprints, hand prints, retinal scans, iris scans, facial geometry, and voice prints. ADP’s clients are responsible for compliance with applicable law and for adopting their own biometric data privacy policies. You can find ADP's Biometrics Policy and other useful information on the ADP Online Privacy page.

Best Practice: To the extent required by law, clients should obtain written authorization for the client, ADP, and/or the licensor of ADP’s time and attendance software to collect, retain, and use biometric data from each employee prior to collection of such data and setup timeclocks, use of data and any applicable policies in accordance with applicable laws, rules and regulations. Click here for a Sample Policy and Consent form.