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Increments of paid time? New York

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  • Increments of paid time? New York

    I work for a company where It seems I always have to stay after due to employees being late to relieve our shift. Sometimes it is only 3 minutes, someytimes 7 minutes, sometimes 17 minutes, etc. since there is no written policy about paid increments, I was under the impression that If you worked at least half the time of a .25 hour, you were paid for the .25 hour. For example, I work until 4:08pm, I would mark down a quarter hour (.25) (For the 08) as the time worked. Would that be accurate? You may think I am splitting hairs, but I am supposed to be at work 10 minutes prior to start time (which I do), the shift that relieves us rarely is ever 10 minutes early. Its usually right on start time or 5 minutes late, or 8 minutes late, etc. I havent had a problem thus far, but we just got in a new asst director, of course he is flexing his muscles (showing everones whos boss) He wouldnt sign my ot for the 8 minutes late that I had to cover. I know for a fact If you are 8 minutes late, you are docked .25 hours. Am I in the right to clock my increments as described?

  • #2
    If you are required to be at work 10 minutes before your shift starts, that time is compensable. Time can be rounded to the nearest quarter-hour, as long as it is done consistently, no matter to whose benefit the rounding accrues.

    If you clock in at 8 minutes after the hour and your compensable time doesn't start until 15 minutes after the hour, then the quarter-hour rounding method is being used (also known as the "rule of 7s and 8s). However, that also means if you stop working at 8 minutes past your regular ending time, that also must be rounded up to the next quarter-hour. If your employer is rounding only when you're late, but not when you work over, they are in violation of the FLSA. The spirit of the regulation, as the rounding rules explain, is in the last sentence of the last paragraph.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Great. Know that I know that, and I have been doing it for 3 years, (arriving 10-15 minutes early for shift change). I have not been paid for it. What recourse do I have? How can I approach the company telling them this is the law? I cant of couse act like I am some kind of know it all legal eagle, and start spouting some legal mumbo jumbo to my company. How can this be handled with tact, so that it will be stopped?

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      • #4
        Well, you can either address it with them directly, or you can file a claim for unpaid wages with the state Dept. of Labor. If the latter, and you are adversely treated or fired because you did so, then you also have a possible civil suit for wrongful termination.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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