Question to Ask the Workplace Doctors about time card disclosure:
Can a board member display employee time cards at an open meeting of the HOA?
Signed- Right? Wrong?
Dear Right? Wrong?
My few thoughts about your situation caused me to do some investigation and I have copied that below. However, I doubt that it specifically applies to a Homeowners Association. Most law regarding time cards is for profit organizations. Probably your concern deals with privacy. Obviously disclosure of time card information to an open meeting affects privacy, but time records in themselves are not generally protected private information as are medical records. The reason for the disclosure of time cards, to me, signals that something is or someone is uneasy about how the records are kept or not kept or more likely about attendance/absence of an employee.
What happened? Was time card information revealed? Was there discomfort about this? Did it result in some correction or improvement of time-keeping records or performance? Overall, it seems to me that matter suggests that in respect of those employed is best not brought to an open meeting. Rather it should be handled candidly by those so charged with time keeping or their superiors. My guideline is what I call saving face. Face saving means protecting the good standing of an individual, even when and if that person’s behavior needs correcting. My limited information about your situation prevents me making more comments.
Our site answers workplace communication questions, not legal. There are Internet legal sites that respond to legal questions, such as You can submit a question to this Fair Measure Legal site https://www.fairmeasures.com/ask-the-lawyers/shared-time-sheets/
Possibly the information below will be helpful. Also I encourage you to review some of our other Q&As. They might help you appreciate the varied workplace concerns and our effort to help those involved think through what is best for all concerned. And does it apply to you. Working together with hands, head, and heart takes and makes big WEGOS.
The federal Fair Labor Standards Act (FLSA) and the laws in most states require that employers keep accurate records of hours worked and wages paid to nonexempt employees. Records of hours worked can be tracked using a variety of methods, including handwritten time cards, time clocks, or Web clocks, or through the use of terminals that can read bar codes on badges, fingerprints and handprints, magnetic strips on badges, or information typed into a keypad. There are even ways to clock in from a mobile phone for employees telecommuting or traveling. Any one of these methods is fine as long as accurate records are kept.
Can employers legally share all staff time sheets on-line in our shared officer folder?
I’m concerned about staff other than my supervisor having access to my leave. We all know when people are in the office, but isn’t it my personal business whether I let my co-workers know if I’m out for a medical condition(s)? Thanks.
Rita Risser replies:
Medical information is protected by a variety of state and federal laws, including HIPAA. It is supposed to be kept confidential. If the time sheets simply show that you are using sick time, that information probably is not protected. But if it shows the reason for sick time (e.g. chemotherapy) that could well be a violation of law. An employer should not be keeping track of that sort of information in time sheets, whether or not they are on shared folders. That sort of information should be with Human Resources in a confidential medical file.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first
About the Author: Rita M. Risser Chai
Rita M. Risser Chai is the founder of Fair Measures. An attorney in California for 20 years and now an attorney in Hawaii, she authored the Prentice Hall book, Stay Out of Court! The Manager’s Guide to Preventing Employee Lawsuits. She developed most of the curriculum used by Fair Measures, created the firm’s first website praised in HR Magazine, and wrote numerous articles on employment law including one on best practice harassment prevention training published in the magazine of the American Society for Training and Development (now ATD). She taught Law and Human Resources at the University of California, Santa Cruz, for eight years, and has presented four times at the annual conventions of the Hawaii Society of Human Resource Management.
You can submit a question to this Fair Measure Legal site https://www.fairmeasures.com/ask-the-lawyers/shared-time-sheets/
My employer is planning on publishing employee attendance records monthly to the entire office. Is this legal?
Ann Kiernan replies:
I don’t see any reason this would be improper. After all, co-workers usually know who is in and who is out. I would advise, however, that absences covered by the Family and Medical Leave Act or similar state laws, be listed as “excused”, and the reasons for the absences be omitted from any public report.
About the Author: Ann Kiernan
Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees.
Employment Law/Time cards
Expert: Shirley McAllister, CPP, PHR – 12/16/2011
Is time cards suppose to be kept confidential?
Time cards in themselves are not covered as an item that would fall under the confidentiality laws unless they have protected information on them such as a social security number. The hours themselves and the employees name and department is not considered confidential information.
Timecards are generally filled out by the employee, reviewed by the supervisor and sent to Payroll to process. Other employees should not be going around and checking out everyone’s timecard, however, this would be an HR issue inside the company and not a law.