This article provides general information and shouldn’t be construed as legal or HR advice.
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Tracking Time The law also governs record-keeping practices for nonexempt employees. Ensure compliance with biometric privacy statutes and data-breach laws

Best of all, this technology is impervious to abuse and falsification, cuts costs and administrative time, and can be operated by anyone with just the touch of a finger.Companies are increasingly incorporating technologies into the workplace that use employee biometric data to accomplish these objectives. In the workplace, the most common example of biometrics involves the use of employee fingerprints to access facilities or clock in and out through timekeeping systems. First, employers can utilize a fingerprint biometric clock, but it must be on a voluntary basis.

It is the practice in some industries, particularly where time clocks are used, to record employees' starting time and stopping time to the nearest 5, 10, or 15 minutes. View key toolkits, policies, research and more on HR topics that matter to you.Members can get help with HR questions via phone, chat or email.HR is the corporate first responder, ensure you have the skills to lead from the front lines.Just Announced! Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission.

Usually this will be only for the length of the employment. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. It eliminates the possibility for buddy punching. Although the article correctly notes that having employees scan their finger or palm to sign in and out would eliminate the problems of employees clocking out for another employee, these high-tech time clocks may violate state law.

Companies are gradually incorporating biometric identifiers into other consumer transactions, such as using facial recognition software or fingerprint scans to authenticate users' identities when making ATM withdrawals or unlocking their phones, for example. They might have been running late and asked their worker to clock them in. Rounding practices. The growth of biometric technology continues to accelerate as organizations leverage the software for use in device security, mobile-based banking, and … Since our time clocks do not store the actual fingerprint, they do not fall under Texas law.Biometric data in Washington is protected against use for commercial purposes. The old mechanical time clocks are few and far between, as many businesses now use some form of technology to have employees clock in and out, whether it’s logging into a website, or something more hi-tech like fingerprint scanning or other form of biometric timekeeping. To help you choose the best timekeeping method for your business, here are some time clock rules for hourly employees: 1. Other states have followed Illinois' lead on biometric-information privacy laws: Texas and Washington have similar laws on the books, although they entail less-comprehensive requirements and do not offer the opportunity for individuals to bring private lawsuits for violations.

The purpose should also be explained so employees understand that biometric time clocks will only use biometric identifiers to identify an employee for time worked and not for other purposes.Employers should notify employees regarding the length of time their data will be used and stored.


Many employers find that using a time-clock is the most effective way to maintain FLSA compliance. As a result, employers who wish to implement biometric time clocks can risk penalties if a fingerprint time clock is used. Employers may not sell, lease, trade or otherwise profit from any individual's biometric information.


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