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Maryland time clock laws Maryland

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  • Maryland time clock laws Maryland

    I have a question regarding time clocks in Maryland. For example, if I clock in at 1:01, I won't get paid till 1:15. It is my understanding that this practice is legal, however, what should the policy be of I clock out at let's say 9:05. Right now, I will not get paid for the 5 minutes that I work after every night that I close. Is this legal? I feel like they are getting me for 15 minutes if I clock in late and they also get me if I work 5 minutes over. The company rounds everything to 15 minutes. It just doesn't seem fair. Tank you.

  • #2
    You have two different issues:
    - The law does not care about "clocking". The law cares about actually working. Lets say that I "clock" in at 1:01. I go over to get some coffee, talk to my co-workers, maybe text some Fantasy Football. At 1:15 I start working. The government does not care even a little bit that I "clocked" in at 1:01, just when I started working. So if you actually started working at 1:01 that means one thing, and if you started working at a different time, then it means something else. No one cares about the "clock" time.
    - Second issue is rounding. Lets say that I actual start working at 01:07. Legally, the employer can say that I started working at 01:07, or the employer could legally round. But legally rounding would mean that I started at 01:00, not 01:15. So in your example, if you actually started working at 01:01, then then employer could legally say you started working at 01:01, or they could legally say that you started working at 01:00, but could not legally say that started working at 01:15.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      So what your saying is that it is illegal for them to dock me 14 minutes for being a minute late when I come in and go straight to work? If so this place owes me a fortune lol. What about if my schedule says I work to 9 and I clock out at 9:05. I worked the entire time. Every time I work after 9, they won't pay me unless I clock out after 9:15. Thank you again.

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      • #4
        Rounding is permissable, but it MUST be to the NEAREST quarter hour, regardless of whether it benefits the employer or the employee. So if you clock in between 9:01 and 9:07, they have to round you to 9:00, but if you clock in between 9:08 and 9:14, it's okay to round you to 9:15.

        If this is not happening, you can file a complaint for unpaid wages with the MD DOL.
        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
          Man do they owe me!

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          • #6
            Originally posted by mbeauc1 View Post
            Man do they owe me!
            I think you will be suprised at how little the actual 'big money' adds up to. In a recent self audit of unpaid OT employees were sorely disappointed assuming they were owed thouands, when in reality some didn't even break the $100 mark!
            Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

            I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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