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Indiana hour rounding, timesheet changes Indiana

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  • Indiana hour rounding, timesheet changes Indiana

    First off let me say I'm not here to get advice how to get a big time lawsuit, simply trying to educate myself on what actions I need to take if any need to be taken.

    The issue first is that my company took out the time clock from the entrance and replaced it with computers out on the actual work floor. To me, this was a good thing as it pulled us out of the 1950s. The issue is before, when we clocked in early or stated later, we were paid accordingly. Now, we are told we can clock in 20 mins before our shift or clock out 20 mins after our shift. The problem is we don't get paid for that time what so ever. The computer keeps track of our actual time in and our paid time, no matter what your actual hours worked is, it will always be 8 hours. This normally wouldn't be an issue except our supervision now requires us to be at designated spots, pretty far away from the time clocks, when the bell rings for shift. That seems like a valid argument to me as long as I'm getting paid for it. Then today, I clocked in at 2:00pm, which is the start of my shift, I knew I'd be in trouble because I wasn't at the meeting spot when the bell rang, but when I checked my records it said my pay time was 2:21pm, but it says my actual time was 2:00pm. On my paycheck it says I was getting paid 7.98 hours for the day. So it seems it rounded to the nearest 2 minute.

    It was my understanding from reading the DOL that companies can round time to the nearest 15 mins but it must go in the direction, meaning if I clock in 7 mins early, I wouldn't get anything, but if I clocked out 8 mins after my time, I would receive .25 hours. Also, I understand being considered late at 2:00 when I clock in as I wasn't at my meeting area, but how can they deduct 2 mins of pay? There is no paperwork or documents on these transparent rules, nothing has been explained to us. I guess my question is are they legally able to do this. It was quite frustrating that I came in and stayed over 40 mins total for 3 days last week and wasnt paid, the whole, docking me 2 mins pay even though I clocked in at 2:00 was the cherry on top that upset me.

  • #2
    The law says (more or less) that employers must pay employees for actual time worked. Rounding is a limited safe harbor exception. Not paying the time sheet time is not inherently illegal but not paying hour worked is. The problem is that employer policy is illegal on its face because they are making no effort to pay for time working (with or without rounding).

    Just to be clear, if Bob clocks in at 6:30 and does not starting working until 7:00, it is perfectly legal not to pay for that extra 1/2 hour not worked. HOWEVER if the employer keeps letting Bob clock in early without reaction, it becomes legally difficult for them to claim later that THEIR time accounting Is wrong.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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