Volunteer Hours, Uniform Deductions, and Timekeeping Automation

Can employees volunteer their time?

Question: I’d like to host a “free dental day” for members of the community to receive free dental care. Employees can also attend and bring their families. Do I need to have the employees who work the event sign off on anything to volunteer their time?

The Legal Side: We love the spirit behind this idea, but from a legal standpoint, you have some obligations regarding pay that make volunteering unlawful. Employees must be paid for all hours worked, and they cannot waive that right. If an employee performs their regular job duties on behalf of the practice (for example, a hygienist doing cleanings), that time is considered hours worked, even if the practice isn’t making a dime from it.

The only narrow exception is when a proper third-party organization, such as a registered charity, hosts the event. In that case, your team may be able to volunteer for the charity, but still not for your practice. 

The Human Side: All that said, you don’t need to scrap the idea. You just need to adjust the approach. Consider holding the event during regular work hours so employees are simply being paid as usual, rather than volunteering on a weekend or day off. Another option is to sprinkle a few hours of service over multiple days so it feels manageable without adding overtime or extra payroll burdens.

Most practices we work with, from dentists to veterinarians, that host these types of events typically work out a plan in which the event takes place during regular hours. They then work with employees and schedules to manage hours so that no or minimal overtime occurs.  

Related Reading:  CEDR Two Minute Trainer: In-house Employee Treatment Benefits 

Employee Volunteers Might Cost You Anyway 

Can I have my timekeeping system automatically adjust timecards

Question: Too many employees are “forgetting” to clock out for breaks or at the end of the day and then adjusting their times. The timekeeping software my payroll provides can set automatic clock-out times, and I’d like to use this feature going forward. Can I enforce this any time a punch is missed?

The Legal Side:  We hate to break it to you, but this one’s a big no. Automatically adjusting timecards, in clinical settings,  will almost certainly violate federal wage and hour laws. Under the Fair Labor Standards Act (FLSA), non-exempt employees (your hourly employees) must be paid for all hours actually worked, with no exceptions. 

So if your system clocks someone out at 5:00 p.m., but they’re still finishing up work until 5:15, that’s 15 minutes of unpaid time. If you don’t go back and adjust for every occurrence like this for every single employee in every single circumstance,  you’ve broken the law. It doesn’t matter whether the extra time was outside their scheduled shift or only happened occasionally. All time worked, even small increments, can add up to a serious (and expensive) compliance issue.

This is exactly why your timekeeping system should work for you, not against you. Many employers unknowingly activate this kind of “auto-adjust” feature without realizing the risks. The automatic clocking feature was created for industries where workers’ environments and machines could also be programmed to shut workers out of systems and prevent any work.

Self Promotion: All CEDR members have CEDR’s timekeeping system, and a real-life expert sets up your account to make sure it’s legally compliant and customized for your workplace. Plus, the system itself won’t even let you enable certain features without running them by our in-house experts first. 

The Human Side: Chronic missed punches aren’t a technology issue; they’re a behavior issue. Whether it’s forgetfulness or carelessness, the employee remains responsible for tracking their time accurately.

Start by addressing it directly with the employees who are missing punches. A simple verbal reminder works fine for a first offense: explain that accurate timekeeping is part of their job, and that habitual mistakes create more work (and risk) for everyone. If it keeps happening, move to written corrective coaching, which is supported by a properly written timekeeping policy.

Framing it this way reinforces accountability without making it personal and focuses on protecting the business and keeping the process fair for everyone who is clocking in and out correctly.

Interested in timekeeping software? Learn more here. 

Can I deduct the cost of uniforms from final pay?

Question: I’m tired of eating the cost of uniforms when employees separate. Can I deduct the cost from their final paycheck? 

The Legal Side: You know the phrase “location, location, location”? It may not have been invented with employment law in mind, but it sure applies here. Paycheck deductions (like many of our favorite Roundup topics) depend heavily on which state you’re in and what exactly you’re trying to deduct. Some states spell out the rules clearly, others say nothing at all, and a few have requirements so specific that we simply cite the law when helping you set your policy and practices.

To answer this question, we start by checking your state’s law on deductions. Uniforms, keys, and other property are often addressed directly. If your state is silent, federal law allows a deduction only if the employee gives written authorization and the deduction doesn’t cause the employee’s gross pay to fall below minimum wage for the paycheck subject to the deduction. 

Written authorization is a best practice no matter what. A paper trail is always your friend.

The bigger takeaway? Assume there are more rules than you think. We’ve seen plenty of employers make what felt like an “obvious” deduction (uniform costs, loans, overpayments, you name it) only to discover after the fact that their state has special carve-outs. 

And don’t forget: final paycheck laws come into play, too. Those rules can be strict about timing and amounts. CEDR members should give the Solution Center a call before making any deduction. We’ll walk you through the legal landscape and make sure you have the correct paperwork.

The Human Side: When it comes to getting uniforms or other property back, it’s best to separate that process from the final paycheck whenever possible. If you know an employee is leaving, let them know they need to return their uniform on their last day. If they leave suddenly or things end on a sour note, include a due date for returning property in their separation paperwork.

Our guidance, most often, is to be clear that they need to return them, but if they don’t, then to write it off as the cost of doing business. 

Here are a couple of other options:

• Do not allow employees to wear company scrubs at home. Provide them with a changing area so that all uniforms, except maybe one, are left at the office.
• Consider not requiring your non-clinical team to wear scrubs and instead specifying a specific type and style of work attire they must purchase. There are rules regarding how that works, too. (The short version is that if they can wear those clothes during other parts of their life, they can be required to purchase and wear them.) Scrubs are a no, while a white shirt and black slacks are a yes.) Again, some states will not allow this either.