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Time clock rounding - Utah

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  • Time clock rounding - Utah

    When it's the end of my shift am I required to stay legally? After I've worked my full eight hour shift

    I work 7-3, once it's 3:00 the person who is supposed to relieve me doesn't show till like 3:05.
    I finally end up clocking out 3:06, is my company required to pay me for those six minutes that I worked even though our time clock system is on a seven minute rounding window.

    If it's not required legally that I have to stay for those six minutes everyday, but my company "expects" me to stay then shouldn't I be expected to get paid for it?

    If my shift starts at 7 and I clock in at 6:54, Am I required legally to be working for those six minutes that I won't be getting paid for?
    What if my company expects me to be working those six minutes that I clock in for? Even though I'm not getting paid for it.

    Thanks

  • #2
    There is nothing in the law that will protect you if you leave before you are relieved. While there is no law saying you MUST stay after your shift is over, there is also no law prohibiting your employer from firing you if you leave when they expect you to stay. The time you are scheduled to work has no legal significance. You work until your employer says you go home or you risk getting fired. The firing will be legal and you may or may not qualify for unemployment, depending on the exact circumstances.

    Your employer may legally round your time to the nearest quarter hour. If you leave anytime between 3:00 and 3:07, your employer may legally round your time down to 3:00. However, if you leave any time from 3:08 to 3:15, your employer must round you up to 3:15.
    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
      What about if I clock in before 6:53 and get paid for it one week but not the next.

      Or if I clock in before 6:53 and don't get paid for it but other employees do?

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      • #4
        What happens with other employees is of no concern to you. Your only concern is whether you are paid legally. Contrary to popular belief the law does not require that all employees be treated equally -only that any differences in treatment are not based in a characteristic protected by law.

        If you check in any time from 6:53 through to 7:07 it is legal to pay you from 7:00. If you check in at 6:52 or earlier it rounds down to 6:45; if you check in from 7:08 or later it rounds up to 7:15. And so on.
        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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        • #5
          Let's look at this from a numerical point of view.

          6 minutes at $18/hr. comes to $1.80. Let's say that happens every day, 5 days a week, 4 weeks per month, and the pay period monthly.
          That comes to $36, and after taxes (maybe 27%, combined?) you'd get $26.28. And that is IF you're getting $18 an hour.

          Now, let's make it $9 an hour. That's 90 cents a day. 90 cents. Each check, as defined above, is $18 a month. After taxes that's around $13.48. And if we're talking about minimum wage, that's even worse yet.

          If you have plans that require your presence when you're off from work, that's one thing. But if it's for the money, I guess you should look for another job as that one does not satisfy you.

          I'm looking for a job. Wanna give me yours? lol!
          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
          I also may not have been either sane or sober when I wrote it down.
          Don't worry, be happy.

          http://www.rcfp.org/taping/index.html is a good resource!

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          • #6
            http://www.dol.gov/whd/regs/compliance/whdfs53.htm
            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

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Also keep in minds that if you clock in but don't actually start working until 7 and your employer can substantiate that (observation counts), they need not start paying you until you actually begin work. Many an employee arrives early, clocks in and hangs out in the break room, hits the restroom, gets coffee, etc. and that time need not be paid. Likewise if your coworker arrives at 3:05 and you are off duty at that point, hanging around not working until 3:08 will not entitle you extra 15 minutes of pay either.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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