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    Protecting companies from hourly employees

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    • JaredBuschJ
      JaredBusch
      last edited by

      If they signed company policy and have no proof of being told, then they do not get paid.

      Not your fault the company get to benefit from their work. They were told not to.

      scottalanmillerS DanpD DashrenderD 3 Replies Last reply Reply Quote 2
      • scottalanmillerS
        scottalanmiller @Dashrender
        last edited by

        @Dashrender said in Protecting companies from hourly employees:

        How do you, or how have you seen hourly employees managed considering our extremely mobile world?

        Policy. Without a policy, all of the time spent trying to connect to your services is billable. Just because they can't do useful work doesn't affect their ability to rack up hours. If you don't have an HR Policy against it, IT is just enabling them to run up overtime without actually working. If you have an HR Policy, then all of this is just wasting precious IT resources, wasting money and making people struggle to do their jobs well.

        1 Reply Last reply Reply Quote 1
        • scottalanmillerS
          scottalanmiller @JaredBusch
          last edited by

          @JaredBusch said in Protecting companies from hourly employees:

          If they signed company policy and have no proof of being told, then they do not get paid.

          Not your fault the company get to benefit from their work. They were told not to.

          Right, it's not working at that point, it's volunteering.

          1 Reply Last reply Reply Quote 0
          • scottalanmillerS
            scottalanmiller @Dashrender
            last edited by

            @Dashrender said in Protecting companies from hourly employees:

            So now we need to move to a blacklist.

            No, a blacklist will not fix your management issues.

            JaredBuschJ 1 Reply Last reply Reply Quote 1
            • JaredBuschJ
              JaredBusch @scottalanmiller
              last edited by

              @scottalanmiller said in Protecting companies from hourly employees:

              @Dashrender said in Protecting companies from hourly employees:

              So now we need to move to a blacklist.

              No, a blacklist will not fix your management issues.

              Of course his management issues are the problem in the first place.

              1 Reply Last reply Reply Quote 1
              • scottalanmillerS
                scottalanmiller
                last edited by

                Outside of actually fixing the problem, you can blacklist via your firewall, of course. This makes no business sense and just raises costs and encourages people to be inefficient. But you can do it. Not a big deal. There is no simple answer to it, though. You have to get the IP addresses from all of the employees and have them voluntarily provide them all the time, and since they change constantly you'll have no effective way to block cell phones, hotel rooms, McDonald's wifi, etc. You can block ranges, but you might block too much.

                DashrenderD 1 Reply Last reply Reply Quote 0
                • scottalanmillerS
                  scottalanmiller
                  last edited by

                  Have you considered a time based policy? Make email or whatever only accessible to people during set hours? IP based blocking, even within the context of this bad idea, is a bad idea.

                  DashrenderD 1 Reply Last reply Reply Quote 1
                  • DanpD
                    Danp @JaredBusch
                    last edited by

                    @JaredBusch said in Protecting companies from hourly employees:

                    If they signed company policy and have no proof of being told, then they do not get paid.

                    Not your fault the company get to benefit from their work. They were told not to.

                    @scottalanmiller said in Protecting companies from hourly employees:

                    Right, it's not working at that point, it's volunteering.

                    Sorry, but that's not the way it works. You have to pay the employee for the hours worked. Then you counsel / discipline per the HR policy.

                    Not paying the employee can lead to much larger issues with the DoL.

                    scottalanmillerS 1 Reply Last reply Reply Quote 1
                    • DashrenderD
                      Dashrender @JaredBusch
                      last edited by

                      @JaredBusch said in Protecting companies from hourly employees:

                      If they signed company policy and have no proof of being told, then they do not get paid.

                      Not your fault the company get to benefit from their work. They were told not to.

                      luckily up to this point, those who have skirted the system haven't been trying to get more money. The boss is just trying to keep that at bay.

                      scottalanmillerS 1 Reply Last reply Reply Quote 0
                      • DashrenderD
                        Dashrender @scottalanmiller
                        last edited by

                        @scottalanmiller said in Protecting companies from hourly employees:

                        Outside of actually fixing the problem, you can blacklist via your firewall, of course. This makes no business sense and just raises costs and encourages people to be inefficient. But you can do it. Not a big deal. There is no simple answer to it, though. You have to get the IP addresses from all of the employees and have them voluntarily provide them all the time, and since they change constantly you'll have no effective way to block cell phones, hotel rooms, McDonald's wifi, etc. You can block ranges, but you might block too much.

                        Exactly my point.

                        But even having a policy means policing the logs looking for people logging when they shouldn't be. So that's an additional time drain/money waste. If you prevent it because it's simply not accessible, then you don't spend any of that effort/capital. But I know we're beyond that today.

                        scottalanmillerS 1 Reply Last reply Reply Quote 0
                        • DashrenderD
                          Dashrender @scottalanmiller
                          last edited by

                          @scottalanmiller said in Protecting companies from hourly employees:

                          Have you considered a time based policy? Make email or whatever only accessible to people during set hours? IP based blocking, even within the context of this bad idea, is a bad idea.

                          Yes, we've considered it. How does that work for OWA? Does the AD's login time apply to Exchange as well as Windows PCs logons?

                          scottalanmillerS 1 Reply Last reply Reply Quote 0
                          • scottalanmillerS
                            scottalanmiller @Danp
                            last edited by

                            @Danp said in Protecting companies from hourly employees:

                            Sorry, but that's not the way it works. You have to pay the employee for the hours worked. Then you counsel / discipline per the HR policy.

                            Not paying the employee can lead to much larger issues with the DoL.

                            That's not correct. If you tell someone to go home and they refuse they are trespassing, not working. Not the same thing. But you have to have a policy that makes it clear that they can't do overtime without something in writing.

                            DashrenderD DanpD DustinB3403D 3 Replies Last reply Reply Quote 0
                            • scottalanmillerS
                              scottalanmiller @Dashrender
                              last edited by

                              @Dashrender said in Protecting companies from hourly employees:

                              @scottalanmiller said in Protecting companies from hourly employees:

                              Outside of actually fixing the problem, you can blacklist via your firewall, of course. This makes no business sense and just raises costs and encourages people to be inefficient. But you can do it. Not a big deal. There is no simple answer to it, though. You have to get the IP addresses from all of the employees and have them voluntarily provide them all the time, and since they change constantly you'll have no effective way to block cell phones, hotel rooms, McDonald's wifi, etc. You can block ranges, but you might block too much.

                              Exactly my point.

                              But even having a policy means policing the logs looking for people logging when they shouldn't be. So that's an additional time drain/money waste. If you prevent it because it's simply not accessible, then you don't spend any of that effort/capital. But I know we're beyond that today.

                              Why does it? Step back and ask yourself... why does IT need to police this if they are capped at their hours that can be worked? And even if they are logged in, it doesn't even imply that they are working. So what would you do with that data?

                              DashrenderD 1 Reply Last reply Reply Quote 0
                              • scottalanmillerS
                                scottalanmiller @Dashrender
                                last edited by

                                @Dashrender said in Protecting companies from hourly employees:

                                @JaredBusch said in Protecting companies from hourly employees:

                                If they signed company policy and have no proof of being told, then they do not get paid.

                                Not your fault the company get to benefit from their work. They were told not to.

                                luckily up to this point, those who have skirted the system haven't been trying to get more money. The boss is just trying to keep that at bay.

                                And that's fine, that's volunteering. As long as they are not doing it in the office where workman's comp comes into play (physically you actually have to push them out the door) you don't have an issue as long as there is a policy saying that they cannot work extra (and that management cannot ask them to.)

                                1 Reply Last reply Reply Quote 0
                                • DashrenderD
                                  Dashrender @scottalanmiller
                                  last edited by

                                  @scottalanmiller said in Protecting companies from hourly employees:

                                  @Danp said in Protecting companies from hourly employees:

                                  Sorry, but that's not the way it works. You have to pay the employee for the hours worked. Then you counsel / discipline per the HR policy.

                                  Not paying the employee can lead to much larger issues with the DoL.

                                  That's not correct. If you tell someone to go home and they refuse they are trespassing, not working. Not the same thing. But you have to have a policy that makes it clear that they can't do overtime without something in writing.

                                  I think you've drifted into to things that may or may not overlap.

                                  Telling someone to go home and get off the clock, yet they remain is tresspassing, written or not. If someone has a set work schedule that does allow for OT, I'm not sure where the employees ability to choose to continue working past the prescribed time window vs the assumed necessity of them to leave kicks in.

                                  i.e. Jane's listed schedule is 8-5 with 1 hour for lunch unpaid Overtime as needed. Who gets to decide if and when she gets overtime? If the above is all that's listed, who gets to make that call? her? or her boss, or both?

                                  scottalanmillerS 1 Reply Last reply Reply Quote 0
                                  • scottalanmillerS
                                    scottalanmiller
                                    last edited by

                                    Keep in mind that an employee can claim to be working just for "thinking about" work or talking to someone about work. Or they can work on paper. Or make calls using a personal device. You can spend time arguing about if you need to pay people working when they are not allowed to work, and that will be up to a judge to decide. But access to company resources is not the determining factor, if they want to go over hours they can do it if you grant access or not.

                                    DashrenderD 1 Reply Last reply Reply Quote 1
                                    • MattSpellerM
                                      MattSpeller
                                      last edited by

                                      Just going to put it out there: this is a really strange question to ask. On so many levels.

                                      scottalanmillerS 1 Reply Last reply Reply Quote 2
                                      • DanpD
                                        Danp @scottalanmiller
                                        last edited by

                                        @scottalanmiller Have you ever been audited by the Department of Labor? Based on your inaccurate comments, I think not....

                                        scottalanmillerS 1 Reply Last reply Reply Quote 0
                                        • scottalanmillerS
                                          scottalanmiller @Dashrender
                                          last edited by

                                          @Dashrender said in Protecting companies from hourly employees:

                                          @scottalanmiller said in Protecting companies from hourly employees:

                                          Have you considered a time based policy? Make email or whatever only accessible to people during set hours? IP based blocking, even within the context of this bad idea, is a bad idea.

                                          Yes, we've considered it. How does that work for OWA? Does the AD's login time apply to Exchange as well as Windows PCs logons?

                                          For OWA:

                                          https://gallery.technet.microsoft.com/office/Client-Access-Policy-30be8ae2

                                          1 Reply Last reply Reply Quote 0
                                          • DashrenderD
                                            Dashrender @scottalanmiller
                                            last edited by

                                            @scottalanmiller said in Protecting companies from hourly employees:

                                            @Dashrender said in Protecting companies from hourly employees:

                                            @scottalanmiller said in Protecting companies from hourly employees:

                                            Outside of actually fixing the problem, you can blacklist via your firewall, of course. This makes no business sense and just raises costs and encourages people to be inefficient. But you can do it. Not a big deal. There is no simple answer to it, though. You have to get the IP addresses from all of the employees and have them voluntarily provide them all the time, and since they change constantly you'll have no effective way to block cell phones, hotel rooms, McDonald's wifi, etc. You can block ranges, but you might block too much.

                                            Exactly my point.

                                            But even having a policy means policing the logs looking for people logging when they shouldn't be. So that's an additional time drain/money waste. If you prevent it because it's simply not accessible, then you don't spend any of that effort/capital. But I know we're beyond that today.

                                            Why does it? Step back and ask yourself... why does IT need to police this if they are capped at their hours that can be worked? And even if they are logged in, it doesn't even imply that they are working. So what would you do with that data?

                                            simple answer - because boss.
                                            long answer, management believes they could be held liable for people who are checking their email hourly, let's say, at night. those employees could claim that their checking is work and they should be paid for it. So preventing them, prevents the argument. Of course and HR policy stating that they are not allowed to check their email after, say, 6 PM and before 7 AM, should prevent that in a court case, but we've all seen/heard of ridiculous court cases before.

                                            I'm not saying it's logical... but I do have to do what the bosses want, regardless of my personal opinions.

                                            scottalanmillerS 2 Replies Last reply Reply Quote 0
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