By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP
A time record is more than data entered into a system; it is evidence. Evidence that can work for you or against you. An employer’s time record tells the story of when an employee worked, when they stopped working, and whether the employer met its wage and hour obligations. And in California, that story needs to be pretty detailed.
Both the CA Labor Code and Industrial Wage Orders specify how California employers must record their time. An employer’s payroll records must show the total daily hours worked, when an employee starts and ends their day, each meal period, and any split-shift intervals. In practice, that means employers should provide a system that lets employees record all required information. A time record that shows only a daily total, such as “8 hours,” but doesn’t show actual in/out times, does not capture the information required in California and may leave you unable to prove when work and meal periods actually occurred.
Let’s go a little further down this topic to automatic meal period deductions. Automatic meal-period deductions, instead of employees recording the in/out times for meal periods, can be especially risky in California. If a payroll system automatically subtracts 30 minutes from the total hours worked each day, the time record may not show whether the employee actually took a meal period. Also, it will not document when the meal period started and ended, or indicate any meal period violation (e.g., whether it was interrupted, or if it was late, short, or missed) If the employer’s timekeeping practice masks those facts, the employer may have difficulty defending its practices in a wage claim, audit, or litigation (think PAGA here!).
We recommend employers use electronic timekeeping systems that capture actual in/out times for the day and for meal periods, to the minute. (See our January 2026 article – When Did Rounding Become Square?)
If an employee forgets to record the in/out time for the day or for a meal period, we recommend establishing a correction process with documentation that identifies the actual circumstances, obtains employee confirmation where appropriate, and preserves an audit trail of any edit.
What You Should/Should Not Do:
- Do: Require non-exempt employees to record actual start and stop times for each work period.
- Do: Require non-exempt employees to record actual meal period start and end times.
- Do: Maintain a documented process for missed punches, meal period corrections, and manager edits.
- Do: Preserve an audit trail showing who changed a time record, when it was changed, and why.
- Do not: Rely on daily total hours entries as the only time record.
- Do not: Use automatic meal period deductions.
Bottom Line:
For California non-exempt employees, recording only total hours worked on a time record – whether using a timesheet, timecard, or an electronic timekeeping system – is not enough. Employers must maintain accurate, dated records showing when each work period begins and ends and when meal periods begin and end.
Please contact your Silvers HR Consultant if you have any questions.