# How to handle an employee who's always late: a tardiness policy, the talk and the pay rules

*Guides · Mays Team · June 1, 2026*

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One person arriving ten minutes late for the opening shift costs more than ten minutes. The bar opens late, the person who arrived on time sets up two stations, and everyone learns that the start time is a suggestion. Most managers let it slide twice, then say something sharp in the middle of a rush. That rarely fixes anything.

This guide is the calm version: define "late", check the facts, find out why, agree a fix, and follow a ladder everyone knew about in advance. It ends with the federal pay rules, because the most tempting fix (docking pay) is the riskiest.

*General information, not legal advice. State and local laws can add rules on attendance policies, pay deductions and protected leave.*

## Step 1: Write down what "late" means

Most attendance arguments are about the definition. Is 6:02 late? Is 5:58 on time if they're still in the back at 6:10? Put it in one short policy for everyone.

```
Attendance and lateness

1. Your shift starts at the time on the schedule. On time means clocked in
   and at your station, ready to work, at that time.
2. If you're going to be late, call or text [the manager on duty / this
   number] as soon as you know, and before your shift starts. A message
   after the shift has started counts as no notice.
3. Arriving [5] or more minutes after your start time counts as a late
   arrival. We keep a record of late arrivals.
4. [3] late arrivals in any [30] days leads to a documented conversation.
   After that, further late arrivals lead to a written warning, then a
   final warning, and may end in separation.
5. If something outside work makes your start time hard to meet, tell
   us. We'd rather change your availability than keep marking you late.
6. You're paid for the time you work, from when you clock in.
```

Fill in the brackets once, for everyone. Put the policy in your [employee handbook](https://www.mays.app/blog/restaurant-employee-handbook-outline). Not showing up at all is a different problem; see our [call-out and no-show policy](https://www.mays.app/blog/restaurant-call-outs-no-shows).

## Step 2: Check the facts before you say anything

"You're always late" starts an argument. "You clocked in at 6:14, 6:09 and 6:21 for the last three Saturday openings" starts a conversation. Before you talk to anyone, pull the last four to six weeks:

| Date | Shift start | Clock-in | Minutes late | Called ahead? | What it affected |
| --- | --- | --- | --- | --- | --- |
| Sat | 6:00 | 6:14 | 14 | No | Bar opened at 6:20 |
| Sat | 6:00 | 6:09 | 9 | Text at 6:05 | Pastry case not full at open |
| Sat | 6:00 | 6:21 | 21 | No | Shift lead ran two stations |

Look for the pattern: late only on Saturday openings points to transport or a Friday night job. If four people are late for the same 6 a.m. start, the problem might be the start time, not four people. If you track one person's late arrivals, track everyone's.

## Step 3: Have the conversation, and ask why

In private, soon after the latest late arrival, never mid-service. Keep it short:

1. **Say what you saw.** "You've clocked in late for the last three Saturday openings: 14, 9 and 21 minutes."
2. **Say why it matters.** "When you're late, the bar opens late and Sam covers two stations."
3. **Ask, then listen.** "What's getting in the way?"
4. **Agree what changes.** A specific fix, not "I'll try harder".
5. **Set a check date.** "Let's look at the next four Saturdays together."

The answer to step 3 usually decides what you do next:

| What you hear | What usually helps |
| --- | --- |
| "The early bus gets me here at 6:10" | Move their start to 6:15, or swap them onto a later shift |
| "I close on Friday and open on Saturday" | Stop scheduling that close-open pair |
| "Childcare drop-off is at 7" | Update their availability; no openings on those days |
| "I didn't know 6:00 meant at the bar" | Show them the written policy; that's training, not discipline |
| No reason, or a different one every time | Agree the expectation and move to the ladder |

Many lateness problems are scheduling problems in disguise. If the fix is a different availability, have them update it (an [availability form](https://www.mays.app/blog/employee-availability-form-template) works on paper). If the reason is a medical condition, a disability, pregnancy or a religious practice, stop and take advice, because there may be an accommodation to discuss.

Write down what was agreed, the same day. Our guide to [coaching on the floor and writing it down](https://www.mays.app/blog/feedback-coaching-restaurant-floor-documenting) shows how to keep that log.

## Step 4: Follow the ladder

When the agreed fix doesn't hold, follow the steps your policy announced. None should be a surprise.

| Step | When | What happens | Record |
| --- | --- | --- | --- |
| 1\. Documented conversation | The threshold in your policy, such as 3 late arrivals in 30 days | Step 3 above; agree a fix and a check date | A dated coaching note |
| 2\. Written warning | Late again before the check date, with no new reason | The dates, the expectation, the next step | A signed [write-up form](https://www.mays.app/blog/employee-write-up-coaching-form-template) |
| 3\. Final written warning | Late again after the written warning | Say plainly that the next step may be separation | Signed form, copy to the owner |
| 4\. Separation | Late again after the final warning | Decide with the owner, with the record in front of you | See letting someone go, done right (coming Nov 10) |

**Reset it after a clean stretch**, such as 90 days with no late arrivals, and **use it the same way for everyone**, the fastest barista included.

## The pay rules: pay for the time worked, and don't fine people

It's tempting to dock 30 minutes for every late arrival. Under federal law, that's the wrong move.

**Pay from when they start working.** Clocked in and working from 6:14 means paid from 6:14, not from 6:00 and not from 6:30.

**Rounding must work both ways.** The Department of Labor accepts rounding punches to the nearest 5, 6 or 15 minutes, because *"Presumably, this arrangement averages out so that the employees are fully compensated for all the time they actually work."* It accepts it only if *"it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked"* ([29 CFR 785.48(b)](https://www.ecfr.gov/current/title-29/section-785.48)). Rounding a 6:02 clock-in to 6:15 every time, while never rounding a 5:58 one back, fails that test.

**Early punches without work don't have to be paid.** The same section says employees who come in early *"do not have to be paid for such periods provided, of course, that they do not engage in any work"* ([785.48(a)](https://www.ecfr.gov/current/title-29/section-785.48)). If they start setting up at 5:50, that's work, and it's paid.

**Fines are risky.** Wages count as paid only when they are *"paid finally and unconditionally or “free and clear.”"* ([29 CFR 531.35](https://www.ecfr.gov/current/title-29/section-531.35)). A "late fee" taken from pay can push someone below the minimum wage, and many states restrict deductions even above it. Use the ladder, not the paycheck. More in [first-month payroll mistakes](https://www.mays.app/blog/time-clock-breaks-overtime-payroll-mistakes).

## Your lateness checklist

- \[ \] A written policy that defines "late", says how to give notice and shows the ladder, read by everyone
- \[ \] Facts first: four to six weeks of clock-ins, for everyone
- \[ \] A private conversation that asks why, and a dated note after it
- \[ \] Schedule and availability fixes where the cause is a real constraint
- \[ \] The ladder in order, the same for everyone, reset after a clean stretch
- \[ \] Every minute worked paid; no fines; rounding that works both ways

## Where Mays fits

- **Late, defined per location, with alerts.** The location's **Time clock** card sets **Alert managers when late by** (5, 10, 15, 20, 30 or 60 minutes). The employee gets **Shift starting soon** about an hour before; once the late time passes with no clock-in, the location's managers and admins get **Late clock-in**. See [Attendance, late and no-show alerts](https://www.mays.app/help/time-clock/attendance-and-late-alerts). Mays can also phone a late opener once an admin turns that rule on; see [Late clock-in phone calls](https://www.mays.app/help/ai-automation/late-clock-in-phone-calls).
- **The facts for the conversation.** **Scheduling → Reports → Attendance** shows each person's **Late**, **No-show**, **Sick**, **Call-outs** and **Left late** counts and an **Attendance %** for the dates you pick, with late arrivals read from the time clock. See [Scheduling reports](https://www.mays.app/help/scheduling/scheduling-reports).
- **Rounding you choose.** **Grace period**, **Round late clock-in** and **Round clock-out** round to the nearest step; lateness is still measured from the real clock-in. **Round early clock-in up** only rounds one way, so turn it on only if people who arrive early don't start work until their shift starts. See [Grace periods, rounding and auto-approval](https://www.mays.app/help/time-clock/time-clock-rules).
- **Availability from the employee.** Staff set their weekly availability in the app, so a new bus timetable becomes a schedule change, not another late mark. See [Set your availability](https://www.mays.app/help/scheduling/set-your-availability).

What Mays doesn't do: it doesn't count late arrivals against your policy's threshold or track the ladder, so keep that in your notes.

## Fix the cause, then hold the line

Most people who are always late have a reason you can schedule around; the rest need a clear line, held calmly.

[**Start your free trial**](https://go.mays.app/register): 30 days, every module, no card needed. Or [book a walkthrough](https://www.mays.app/book?from=blog-employee-always-late-tardiness-policy) and we'll set up your time clock rules and late alerts with you.

## Related help articles

- Time clock: [Attendance, late and no-show alerts](https://www.mays.app/help/time-clock/attendance-and-late-alerts) — See who's on the clock and who's late or missing today, get late and no-show alerts, and mark shifts as sick, call-out or no-show.
- Time clock: [Grace periods, rounding and auto-approval](https://www.mays.app/help/time-clock/time-clock-rules) — Set a location's grace period, rounding, auto-approval, early clock-in and no-shift rules, and have forgotten punches closed automatically at a set time.
- Scheduling: [Scheduling reports](https://www.mays.app/help/scheduling/scheduling-reports) — Ten ready-made reports on sales, labor, hours, overtime, time off, attendance, the shift pool and tips — for any date range, one location at a time, with CSV export.
- AI & automation: [Late clock-in phone calls](https://www.mays.app/help/ai-automation/late-clock-in-phone-calls) — If nobody from the opening shift has clocked in a few minutes after opening, Mays phones each late opener to ask when they'll arrive, then calls the escalation manager if they don't answer.
- Scheduling: [Setting your availability](https://www.mays.app/help/scheduling/set-your-availability) — Tell your manager which days and hours you can work — as a weekly pattern, or for a date range — from the Availability screen in the Mays app.

Canonical: https://www.mays.app/blog/employee-always-late-tardiness-policy