Employers can generally use GPS to track employees on work devices during work time, but the safest approach is to give written notice, explain the purpose, and capture location only when an employee clocks in or out. There is no general federal law that bans GPS tracking, yet a few states require notice, and continuous tracking creates privacy and morale problems that most timekeeping goals do not justify.
This article explains what the law says, where the real risks are, how clock-in-only location works, and how to write a short notice that protects you and your team. Rules vary by state, so confirm the details with counsel or your state labor department before you roll out any tracking.
No single federal statute governs workplace GPS tracking of employees. Instead, you deal with a patchwork: state electronic monitoring laws, state privacy and tort claims, and rules about off-duty conduct. New York has required employers since 2022 to give written notice of electronic monitoring when hired, to get a written or electronic acknowledgment, and to post the notice where employees can see it. Other states have their own rules, and some limit tracking of personal devices or tracking outside working hours.
Even where no statute applies, an employee can still bring a claim if the tracking intrudes on private life, for example by following a personal vehicle on weekends. The practical rule is simple: track work, not people. If the data is about when and where a job started and ended, it is easy to defend. If it is a minute-by-minute map of someone's day, you must be able to explain why you need it.
Paper timesheets and Excel spreadsheets are not illegal. The FLSA does not require a specific timekeeping method, and any method is acceptable if it is complete and accurate. The problem is that paper and spreadsheets make accuracy hard to prove, and in a Department of Labor audit, being unable to prove accuracy is what costs employers money.
Below, we cover how investigators look at these records, the failures that show up most often, a dollar example of how a small spreadsheet error becomes a back wage claim, and what to put in place if you are still on paper or Excel today. For state-specific details, check with counsel or your state labor department.
Under 29 CFR Part 516, employers must keep for each nonexempt employee the hours worked each workday and each workweek, the regular hourly rate, straight-time earnings, overtime premium, total wages, and the pay date and period. Payroll records must be kept for 3 years and time cards and supplementary records for 2 years. Many states require more.
An investigator from the Wage and Hour Division usually starts with a sample of employees and compares time records, payroll registers and what employees say in interviews. They are looking for consistency: do punch times look real, do hours match pay, and can you explain every adjustment? For a fuller walkthrough, read our guide to a DOL wage and hour audit.
Buddy punching is when one employee clocks in or out for another, and time theft is any paid time an employee did not actually work. The best prevention is a mix of clear policy, a time clock that ties each punch to the person and place, and regular review of exceptions. Heavy-handed monitoring is usually unnecessary, and mishandled discipline can create wage claims of its own.
Here we explain the most common schemes, what they cost with a worked example, how to detect them, and how to respond without violating the FLSA. Because discipline and pay rules vary by state, check with counsel or your state labor department before you act on a specific case.
Buddy punching is the best-known scheme, but it is only one of several. The common patterns are:
- Buddy punching. A coworker punches in early or out late for someone else, using a shared PIN, badge or logged-in device.
Under the FLSA, you must keep payroll records for 3 years and time cards and other supplementary records for 2 years, and you must protect that data like any other employee information. Timekeeping records carry names, addresses, pay rates and sometimes location, so privacy and security are part of compliance, not an extra. State law often adds longer retention periods and gives employees rights to see their own records.
This guide explains the federal retention rules, how to set a retention schedule, what security basics matter, what employees can ask to see, and when you should keep records longer than usual. Because state rules differ, check with counsel or your state labor department for the periods that apply to you.
The recordkeeping rules are in 29 CFR Part 516. For nonexempt employees, you keep the employee's name, address and occupation, birth date if under 19, the start of the workweek, the regular hourly rate, hours worked each workday and each workweek, straight-time earnings, the overtime premium, additions and deductions, total wages and the pay date and pay period.
Retention has two tiers. Payroll records are kept for 3 years (516.5). Time cards and supplementary records, such as wage rate tables and records of additions or deductions, are kept for 2 years (516.6). The FLSA does not require a particular method, so a cloud system, a spreadsheet or paper can all qualify if the record is complete and accurate. For the full list, see FLSA timekeeping requirements.
To implement a time tracking system, define your rules first, set up employees and schedules, run a short pilot, train everyone, run the new system in parallel with your old method for one or two pay periods, and then switch over. Most rollouts fail not because the software is hard but because policy, data and training were skipped. A plan of two to four weeks is realistic for most small and midsize businesses.
This article gives you a step-by-step plan, with a numbers example for the parallel check, and tells you what to document so you can show an auditor how the system works. Where a rule depends on your state, confirm it with counsel or your state labor department.
Software records what you tell it to record, so start with decisions. Pick your workweek (a fixed, recurring 168-hour period, for example Sunday at 12:00 a.m. to Saturday at 11:59 p.m.), your pay period and pay date, and which employees are exempt and nonexempt. If you are unsure about classification, read exempt vs. nonexempt employees first.
Then settle meal and break rules, who can approve overtime, how missed punches are fixed and what happens when someone forgets to clock in. If your state has daily overtime or meal period rules, build them in now. California, for example, has daily overtime over 8 hours, and Colorado over 12 hours.
A good timekeeping policy tells employees how to record time, when overtime is allowed, how to fix mistakes and what happens when rules are broken, in plain language, in one or two pages. It does not replace legal compliance, but it sets expectations and gives you a consistent basis for decisions. Write it so that a new hire can follow it on day one.
This guide lists the sections your policy needs, with sample wording you can adapt, a worked overtime example and the mistakes that turn a policy into evidence against you. Employment law varies by state, so have counsel or your state labor department confirm any state-specific language before you publish.
Open with who the policy covers and what the workweek is. Say it applies to all nonexempt employees and describe how exempt employees report time if you require it. Define the workweek as a fixed period, for example: "Our workweek runs from Sunday at 12:00 a.m. to Saturday at 11:59 p.m." Overtime is calculated on this week and not on the pay period, so employees should see the dates.
Explain the pay period and pay date as well. A line such as "Employees are paid every other Friday for the two workweeks ending the previous Saturday" avoids many questions. For more on who needs to track time, see do you have to track employee hours.
When an employee misses a punch, you fix it by finding out what time was actually worked, correcting the entry with the employee's knowledge, keeping the original record, and paying for every hour worked. The legal risk is not the mistake itself, which is normal. The risk is guessing low, editing without a record or telling employees to accept a default that shorts their pay.
This article gives you a correction process, three common cases, a dollar example and the audit trail an investigator expects to see. State rules on records and pay timing differ, so confirm details with counsel or your state labor department.
The FLSA requires accurate records of hours worked each workday and each workweek for nonexempt employees, and it requires you to pay for all time you suffer or permit to be worked. A missing clock-out does not erase the work. If you pay from a default schedule when you have reason to know the employee worked longer, you can create back wage liability, with liquidated damages equal to the unpaid amount and a 2 to 3 year lookback.
The reverse also matters. If an employee forgot to clock out and left at 4:30 p.m. but the record shows 9:00 p.m., paying the longer time without checking can be an error too. Accuracy runs both ways, and the goal is an honest record.
Payroll closing is the step where you lock the hours for a pay period, approve them, calculate pay and send the result to payroll. Done well, it takes a few hours and produces paychecks that match the hours worked. Done badly, it is where missed punches, overtime errors and leave mistakes turn into back wage claims.
This guide walks through a closing routine from cutoff to review, with a worked example showing how a shift differential changes overtime, and the controls that keep every period consistent. Pay timing and final pay rules vary by state, so check with counsel or your state labor department for the deadlines that apply to you.
Every close needs a calendar. Decide the pay period end, the date employees must submit or confirm hours, the date managers must approve, the date payroll runs, and the pay date. Share it with everyone and repeat it each period.
Remember the difference between the pay period and the workweek. Overtime applies to hours over 40 in each fixed 168-hour workweek, even if you pay every two weeks or twice a month. If a pay period ends in the middle of a workweek, you may need to carry hours over so the overtime calculation stays correct. State law may also set how soon after the period ends you must pay, so build your calendar around that deadline.
To connect time tracking and payroll, you need approved hours by employee and workweek, with regular, overtime, leave and differential hours kept separate, delivered to your payroll provider in a format it accepts. That can happen through a direct integration, a file import or, as a last resort, manual entry. What matters is that the numbers that reach payroll are the same numbers your employees approved.
Many popular payroll providers, including QuickBooks, ADP, Gusto and Paychex, accept time data in their own ways. SimpleWorkshift does not have an integration with any of them, so this article explains the process and the questions to ask any vendor, so that you can choose the approach that fits your payroll. Confirm what your own provider accepts before you decide.
Direct integration. The time system and the payroll system are connected, and approved hours flow over without a file. It saves time, but only if the mapping is right and the provider supports the fields you need.
File export and import. The time system produces a report, usually CSV or a spreadsheet, and payroll imports it or someone uses it as a reference. This is common, flexible and easy to audit, but it needs a consistent layout every period.
Absenteeism is the rate at which employees miss scheduled work, and you measure it by dividing days absent by total scheduled workdays. Once you have a rate and a pattern by team, shift and weekday, you can tell whether you have a real problem and what to do about it. Time clock data gives you that picture without chasing paper.
Below, we show the formula, a cost example, the patterns worth watching, and the steps that reduce unplanned absences. We also cover absences you must not count against employees, such as FMLA leave and legally protected sick leave. Rules differ by state and by city, so check with counsel or your state labor department before you set consequences.
The basic formula is simple: absence rate = days absent / (employees x scheduled workdays) x 100. Count only scheduled days. Do not count approved vacation or holidays if you want to measure unplanned absence, and keep that category separate.
Example: you have 40 employees and 22 scheduled workdays in the month, so there are 40 x 22 = 880 scheduled days. Employees miss 33 days for unplanned reasons. The rate is 33 / 880 = 0.0375, or 3.75%. You can calculate the same rate by team or by shift. Track it monthly, since one bad week can distort a short window.