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bohenkel499
03-24-2005, 08:19 PM
I work for a company in Texas and I wanted to know if there is a law about how time punches are recorded and as an hourly employee how I am paid for my time.
The company rounds my time punches to the nearest quarter hour. I clock in on my computer so it is all electronically recorded and I have access to a report that shows me every punch I make. I am an 8 - 5 hourly employee. If I punch in at 7:55am it rounds up to 8:00am. If I punch out at 5:05pm it rounds back to 5pm. On the other hand, if I clock in at 7:51am it will round back to 7:45 or out at 5:08pm it rounds up to 5:15pm. When I asked why this was I was told that our payroll software rounds that way automatically and was told that it should work out in the long run. Yes, it is only a matter of minutes a day, but minutes a day over a long period of time does add up. I went back to the beginning of the year through the 2nd week of March and added and subtracted where the rounding was either taking away minutes or giving me extra minutes and I have lost over 2 hours that I was not paid for. I don't make a lot to begin with and when I am not paid for 2 hours that I have worked it does count to me and my family. That does not seem to be "working out" for me at least.
It is legal in Texas for a company to round like that?

Thanks,
Elizabeth :confused: :mad:

LConnell
03-24-2005, 10:03 PM
Technically, an employer may round up or down to the nearest quarter hour BUT the time must average out so that it achieves an approximately equal impact to the employer and the employee.

You can file a wage claim with the state. However, your request will probably be denied as trivial.

bohenkel499
03-25-2005, 05:38 AM
I appreciate your quick reply! I kind of figured as much. It will easier for me to get over it, having heard it from someone with an outsider's opinion.
Thanks!

Sockeye
03-25-2005, 11:46 PM
I add the time card up for the few hourly employees in our office. We do the same method, if clock in time is 8:07, it rounds to 8:00, if clock in is 8:08, it rounds to 8:15.

I can honeslty say that it does average out on a pretty even basis.

shoemwthemoney
12-06-2005, 09:33 PM
ok well here in md i found that my employer wont pay us for the minutes we worked after are normal punch out time unless its at least 10 mins past. so for example i am am due to knock off at 230pm so my fat boss needs a hand so say i help him up until 235pm then clean up fast and punch out at 239pm . he rolls it back to 230pm. but if i was to punch out at 240pm he would pay me the extra 10 mins. please tell me if this is totally fair.?????

Pattymd
12-07-2005, 05:17 AM
Fair or not is not the issue. The issue is whether rounding down to the nearest 10 minutes is legal. And it is, as long as the same consideration is given to the employee should he clock in and begin working 8 minutes before starting time.

All the law says is that the employee must be paid for substantially all time worked. In general terms, this means the employer must consistently apply the rounding rule, whether it results in the advantage going to the employee, or the advantage going to the employer.

shoemwthemoney
12-08-2005, 11:19 PM
not sure if he gives the 10 mins for the emplee during clock in. i know that his rules are not to clock in until shift start so if one punched early i dont think he is paying. is it true that boss can not follow the time clock and pay from 730am to 400pm. no matter if one clocked in 11 minutes early or 20 minutes after 4pm. just follow exact start and end times.??????????? and is there a way or person i can go to find out. on my checks the hours i worked are not located.

Pattymd
12-09-2005, 05:29 AM
Showme, what state do you work in? Some states require that your hours be displayed on your pay stub. Ask to see your time cards. They don't have to comply with your request, but you can try.

shoemwthemoney
12-09-2005, 09:00 AM
currently i am a warehouse worker here in maryland. under paid worker, seems that the work i do is NOT appreciated. it is taken for granted. i must add that i am at least top 3 best, fastest, consistint, steady worker there.

Pattymd
12-09-2005, 09:08 AM
Maryland employers are required by law only to display gross earnings and deductions on pay stubs, not hours.

shoemwthemoney
12-10-2005, 09:44 AM
the company i work for i can assure you that any law they dont have to follow they will NOT. any corner he will be able to cut will be done. i do think i am getting short checked. example i make 14.00 an hour. on my check it states my earnings are 13.966. something just like this. has anyone else heard of this????

Pattymd
12-10-2005, 01:36 PM
Yes, that's called rounding. If you think you are not receiving your full pay, you can always file a claim with the state Dept. of Labor.

Daniel777
12-18-2005, 11:03 PM
In Illinois.

Who is watching the employer to assure that we are paid appropriately? We also have the round to 15 law (which benefits the employer in the law of averages, BTW) at my job. But is the county/state ever looking at our punch times to verify our times? Our paystubs only show the time paid, not the punchclock times.

Aside from lodging a complaint (which may cause retaliatory action from the employer), how can we know the employer is rounding minutes honestly?

Pattymd
12-19-2005, 10:15 AM
No state has the time to be running around auditing the time punches of employers without a complaint from employees. If you feel the employer is not following the law in this regard, you can file a claim with the Illinois Dept. of Labor. THEN, they will contact your employer.

And, if you are fired because of this reporting, then you would have a wrongful termination case as well.

shoemwthemoney
01-21-2007, 07:59 PM
In Illinois.

Who is watching the employer to assure that we are paid appropriately? We also have the round to 15 law (which benefits the employer in the law of averages, BTW) at my job. But is the county/state ever looking at our punch times to verify our times? Our paystubs only show the time paid, not the punchclock times.

Aside from lodging a complaint (which may cause retaliatory action from the employer), how can we know the employer is rounding minutes honestly?

My job The HR lady which is there to help Us, The employees. When confronted with an issue which results in the Boss's wrongdoing. Her famous line is "You will have to talk to the Boss.
ummmm, I did that first. Now i am here seeking help from you.

Villain
01-21-2007, 10:03 PM
Yes, that's called rounding. If you think you are not receiving your full pay, you can always file a claim with the state Dept. of Labor.

How do you figure that paying 13.966 is legal when your rate of pay is $14-.

Pattymd
01-22-2007, 05:16 AM
First of all, knock off the language. Second of all, knock off the attitude. Did you even READ what I said? :mad:

AZDiane
01-31-2008, 02:31 PM
Is this rounding law also legal in California?

Thanks in advance for your reply.

Betty3
01-31-2008, 11:34 PM
Is this rounding law also legal in California?

Thanks in advance for your reply.

Would you please start your own new thread - these are posts from 3-05, 12-05 & 1-07 - thanks. We're getting too many new threads under a thread started 3-05.

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