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  • wages & hour Laws

    the company I work for uses the Rounding system to pay us. We keep our own time. This is how they say we are to mark our time and this is how they pay us.
    Using 7:00 as and example. If we punch out from 7:00 to 7:25 we mark down 7:00 We do not get paid for anything from 0 to 25
    If we punch out from 7:26 to 7:45 we mark down 7:30 we then get paid for 1/2 an hour.
    If we punch out from 7:46 to 8:00 we mark down 8:00 we then get paid for a full hour.

    Is this not call consistently rounding down and is this not against Law. They tell us they do not want us to mark our time in minutes. Our time sheets and our Log sheets must show the same time And that is only hour or 1/2 hour. They do not want us marking any minutes. again using 7:00 as an example: We only show 7:00, 7:30, or 8:00. I think they are doing this because if someone turns them in then there is no proof showing them in the wrong. They reinforce these rules of their in the last two Mandatory Meeting because we have have new hires and they were marking their time when there time ended to the minute. Also we all work by the hour and we are toll we must attend all Mandatory Meeting on our days off or we will be fired. And they say they do not have to pay us.
    Some of us have 50 or 60 miles round trip to drive to come to this meeting. Do they have to pay us for attending Mandatory Meeting on our days off.
    They have camera's in the yard so they know when we get there and when we leave. If they are breaking labor laws then what can we do make things right. And what are the penalties for companies doing this.

  • #2
    Rounding is not illegal in and of itself, but if an employer is going to round, they have to round the Feds' way and your employer is not. So you are right that it's illegal; not because it's rounding but because your employers are doing it wrong.

    To be legal, they have to round to the nearest quarter hour. It would be legal to round you back to 7:00 if you work to 7:07 or earlier; from 7:08 forward they would have to round you to 7:15.

    They are allowed to make you come to mandatory meetings on your day off, and they are allowed to fire you if you don't, but they must pay you for the time.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      You might let your employer know that what they are doing is illegal the way they are rounding & also illegal not to pay you for mandatory meetings.

      If you don't get paid for any time you should, you can generally file a claim/complaint with your state's DOL. (You did not name your state.)
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Agreed. The actual regulation is 29 CFR 785.48.

        http://www.gpo.gov/fdsys/pkg/CFR-201...-sec785-48.xml

        http://www.dol.gov/whd/regs/compliance/whdfs53.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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