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  • punch time rounding Wisconsin

    I work for a company that has a union and non union workers. As part of the non union workers we had to start punching a time clock. told how to punch in and out. Months later we find out that that any time 20 minutes before are are rolled ahead to our start time and 20 minutes after our stop time is rolled back to our end time. If we go over the 20 minutes we are then paid for all the time. The union personal have the start time rounding but not the end time rolling. They get paid for each 6 minutes. Can the company do this?

  • #2
    Ignore the union issue for the moment. It is a side issue that does not go any where. Ignore the time clocks. That is also a side issue that does not go any where. There are no actual laws for your employer to break involving those two issues.

    Assuming that you are a Non-Exempt, then according to a federal law called FLSA that says Non-Exempt employees:
    - Must be paid based on actual hours worked. Rounding is allowed but only if the rules are followed (what you describe does not).
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
    - Must be paid overtime based on more then 40 actual hours worked in the workweek.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs23.pdf
    - The employer is required to keep accurate time records of hours worked for Non-Exempt employees.

    Failing to pay a Non-Exempt employee for actual hours worked is breaking the FLSA law (and probably state laws as well). You can file wage claims with either the state or federal DOL for actual hours worked but not paid. If you have fellow workers in the same position, you can collectively talk to an attorney for possible damages.

    -----

    Now I kept repeating "Non-Exempt". Some employees are Exempt from overtime. They legally do not get paid overtime no matter how many hours they work. If you are Exempt, none of what I said earlier applies to you.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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