BIOMETRIC TIME CLOCK OFFICE MAX SOFTWARE

Third, biometric timekeeping systems often transfer information captured by the particular timekeeping device to a third party.

BIOMETRIC TIME CLOCK OFFICE MAX SOFTWARE

Second, many biometric timekeeping systems utilize fingerprinting software or facial recognition software (which may qualify as a photograph for purposes of Labor Code §1051). In other words, employers may terminate employees who refuse to use them. The plain language of Labor Code §1051 indicates that it is troublesome for employers who utilize biometric timekeeping systems.įirst, most employers who utilize biometric timekeeping systems require employees to use the systems as a condition of retaining employment. In short, this provision means that an employer “cannot require applicants or employees to provide fingerprints or photographs as a condition of employment if they will be provided to a third party and used to the applicant’s or employee’s detriment.” As emphasized above, violation of Labor Code §1051 subjects an employer and/or its agent to criminal liability! Ny person or agent or officer thereof, who requires, as a condition precedent to securing or retaining employment, that an employee or applicant for employment be photographed or fingerprinted by any person who desires his or her photograph or fingerprints for the purpose of furnishing the same or information concerning the same or concerning the employee or applicant for employment to any other employer or third person, and these photographs and fingerprints could be used to the detriment of the employee or applicant for employment is guilty of a misdemeanor. Labor Code §1051 provides in relevant part: However, employers should nonetheless know of §1051 and its relationship to biometric timekeeping systems to ensure compliance with the law. Labor Code §1051 is an obscure Labor Code provision unknown to many employers. Below, we highlight two major concerns implicated by employers’ use of biometric timekeeping systems: Labor Code §1051 and California’s newly enacted Consumer Privacy Act. However, as always, California employers need to consider the variety of legal issues presented by this new technology and take actions that are consistent with existing laws. Unquestionably, biometric timekeeping systems can modernize the workplace and improve an employer’s payroll practices at relatively affordable prices. In short, the newest technological innovations that would impress George Jetson are now commonly available and utilized by employers in a variety of workplaces, ranging from advanced clinical labs to warehouses. For example, some systems use facial scanning software, others scan employees’ eyes, while other biometric timekeeping systems utilize palm-scanning or fingerprint technology. These new and improved time-keeping systems help to improve the accuracy of an employer’s time-keeping system, alleviate security concerns, and improve the efficiency of an employer’s payroll system as a whole.īiometric time-keeping systems utilize some of the latest technology to record employees’ clock-in and clock-out times. Employers are replacing pen and paper time-sheets or standard “punch” time-clocks with modern, biometric timekeeping systems as a means of combatting the age-old problem of time-clock fraud. Employers across California, and the nation for that matter, are taking steps to modernize time-clocks utilized in the workplace.

Biometric time clock office max