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Zero Tolerance Tardy Policy - Colorado (Employment & Labor Law)

Mon, 16 Mar 2009 18:06:00 GMT

I understand this seems trivial considering the current economical times but nevertheless I am curious if there are any laws concerning the following in Colorado.

Recently the company I work for instituted a zero tolerance policy for employees with scheduled shifts. The company policy states that any employee not clocked in by their scheduled shift is considered late (there is no leeway given). This means an employee that clocks in one minute late after their scheduled shift is considered late and subject to discipline. The policy also states that after 9 violations in a 12 month rolling cycle the employee will be terminated.

Does current Colorado or federal law allow for a grace period from the start of an employees shift before the employer can take disciplinary action? I was told that employers have to allow a six minute grace period by law? Is this true?

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  • Tue, 17 Mar 2009 07:14:00 GMT(1)
  • This means an employee that clocks in one minute late after their scheduled shift is considered late and subject to discipline. An employee who clocks in one minute after the start of their shift IS late. Typically employees are expected to be at their work station at the start of their shift.

    Does current Colorado or federal law allow for a grace period from the start of an employees shift before the employer can take disciplinary action? No.

    I was told that employers have to allow a six minute grace period by law? Is this true? No. Not even close.
  • Mon, 16 Mar 2009 18:19:00 GMT(2)
  • I assumed as much but wanted to clarify what I was told. Thank you.
  • Tue, 17 Mar 2009 08:05:00 GMT(3)
  • Also, the federal FLSA law has the rules for how people are paid for actual time worked, not the rules for disciplining employees for work rule violations. These are legally two very different things. Phrases like "zero tolerance" and "tardy" imply the heck out of the occurrence of a work rule violation. FLSA does not care at all about work rule violations. That law however cares very much that employees are paid based on actual time worked.
  • Tue, 17 Mar 2009 08:01:00 GMT(4)
  • Just for clarification, what a lot of people refer to as the "grace period" is actually the rounding rules for in/out times for pay purposes only and only if the employer chooses to use it.
  • Mon, 16 Mar 2009 18:09:00 GMT(5)
  • No, it is not true. No Federal law and no law in any state requires an employer to allow a grace period before disciplining an employee for tardiness.
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