The plaintiff was from California and was trying to get his company to pay him an extra $15.02 for 1 minute. ![]() Ninth Circuit Roundly Supports Time Punch Rounding is an interesting article by Seyfarth Shaw LLP. If they punch in at 8:03 then it is rounded to 8:05. So if an employee punches in between 7:58 and 8:02 it will record the punch as 8:00. Rounding by 5 minutes: The 5 minutes is split so it is 2 ½ minutes before the 5 minute increment to 2 ½ minutes after the 5 minute increment, and the punches are all on 5 minute increments. If they punch in at 8:04 then it is rounded to 8:06. So if an employee punches in between 7:57 and 8:03 it will record the punch as 8:00. The 6 minutes are split so it is 3 minutes before the 1/10 of an hour to 3 minutes after the 1/10 hour, so all the punches are on 6 minute increments. Rounding by the 1/10 of an hour (6 minute): The 1/10 of an hour is six minutes. If they punch in at 8:08 then it is rounded to 8:15. ![]() So if an employee punches in between 7:53 and 8:07 it will record the punch as 8:00. The 15 minutes is split so it is 7 ½ minutes before the quarter hour to 7 ½ minutes after the quarter hour and all the punches are on 15 minute increments. Quarter hour rounding (15 minutes): This is sometimes called the 7/8 rule. The most standard amounts of rounding are the following. If there is a difference between Federal and State law then the law that favors the employee is the one that rules. NOTE: You should check with your attorney to see if your state may have additional rules regarding rounding. If your employees are clocking in 10 minutes before their scheduled start timeand actually starting work early, you cannot round away that work time, even though it occurred prior to the scheduled shift start time. The rounding must be applied in such a way as the employee is still fully paid for all hours actually worked.You cannot round in increments greater than 15 minutes.You can’t decide to only round when it works out to the employers benefit. The rounding must work both in the employer’s favor and the employee’s favor.Rounding is allowed only if the following criteria are met: Federal Law allows punch rounding as long as it is consistent and fair for both employer and employee.įederal Law imposes restrictions on rounding an employee’s time. Punch Rounding may be your solution for these situations. So what would the solution for these situations be? Punch Rounding This means that legally you have to pay them for that time. The situation is that once the employee punches in, that time is considered work time. So some of them end up punching in/out late. ![]() This may take more than a minute for all of them to punch in/out for the day.
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