Time clock rounding. Rounds up on clock-in and down on clock-out

[rplaisted]

About a year ago, the company I work for started using a Point-of-Sale software to do the timeclock. Recently, I noticed that it is set to round to the nearest quarter hour. I know this is a common practice, but the problem is, the timeclock rounds up on clock-in and down on clock-out, causing an average of 15-mins lost every shift (30min if we have a lunch break.) I was wondering what the state of New Hampshire and FLSA state about rounding. I know that my employer would, most likly, re-emburse our staff, but is there any action that can be taken against the software manufacturer, so that he can't sell the software to other companies, and so that the companies that he has sold it to, can be informed of the problem?

[Race Bannon]

Our companis policy is based on the median point of every quarter hour.

Simpler put, clock in at 8:07, it rounds down to 8:00. Clock in 8:08 rounds up to 8:15.

Clock out at 4:52, it rounds down to 4:45, clock out at 4:53, it rounds up to 5:00.

I add the timecards every pay period and it really does averate out pretty fair.

[LConnell]

FLSA does not permit rounding that favors the employer. Instead, it only permits rounding when it either is neutral to the employer or favors the employee. You don't have an action against the manufacturer of the time clock. However, you could take an action against your employer. The employer is responsible for accuracy (or lack thereof) for the timeclocks.

[gonnadrop]

Can you help me find the FLSA section that defines what you are saying ?

thanks...

[langant]

I would like to know if a company states that if an employee is late 3 minutes they have a bank hour taken away,(this company uses the bank hour system for attendance) but I have known some employees to be only 1-2 minutes late can the company take their bank time even though the policy says 3 minutes?

[gonnadrop]

Originally Posted by LConnell

FLSA does not permit rounding that favors the employer. Instead, it only permits rounding when it either is neutral to the employer or favors the employee.

Can you help me find this ?

[LConnell]

Here you go: http://www.dol.gov/dol/allcfr/Title_...9CFR785.48.htm

[harishnp]

I've heard there were new clock rounding rules new hampshire.. but can't seem to find any mention of it on http://www.labor.state.nh.us. Does anyone know what these rules are or where I can find them? Can anyone confirm if there were indeed any changes? Or is the rule still that the rounding shouldn't benefit the employer?

[cbg]

I'm not aware of any changes to the law in NH. I could be mistaken, but I think I'd have heard about it if there were.

The law does not say that the rounding cannot benefit the employer; it says that it cannot EXCLUSIVELY benefit the employer. There's a difference.

[harishnp]

Ok thanks for the reply -- I'll pass along your thoughts.

Good point on the "exclusive".