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Rounding Pay and PTO time. California

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  • Rounding Pay and PTO time. California

    I'm an hourly employee and my company rounds at 7 min intervals. I clocked in at 8:01, clocked out for lunch at 12:22, clocked back in from lunch at 1:23 and out at 5:04 for the day. This comes out to 8.02 actual hrs worked. Because it is our company policy to round our pay, they paid me for 7.45 hrs and to make up the time to 8.0 hrs for a days work, they took 15 min from my PTO pay without my authorization. My first question is, can they round my pay in their favor both times and is it legal for them to take the extra 15 min out of my PTO?

  • #2
    Im not sure about Cali law. In Florida, and federal, the rounding is legal as is the pto. Federal law does not specify use for pto so they dont care; employers can force use whenever they want.

    http://www.dol.gov/dol/allcfr/title_...9CFR785.48.htm

    Why dont you just punch in/out within the 7 mins they give you?

    Comment


    • #3
      Each punch was rounded correctly:
      8:01 rounds to 8:00
      12:22 rounds to 12:15 4.25 hours worked
      1:23 rounds to 1:30
      5:04 rounds to 5:00 3.50 hours worked

      7:75 hours worked plus .25 hours PTO = 40 hours

      The issue becomes, though, this statement in the regulation:

      Presumably, this arrangement averages out so that
      the employees are fully compensated for all the time they actually work.
      For enforcement purposes this practice of computing working time will be
      accepted, provided that it is used in such a manner that it will not
      result, over a period of time, in failure to compensate the employees
      properly for all the time they have actually worked.
      If this were any state except California, I would say substitution of PTO would be acceptable, since the FLSA doesn't care that accumulated rounding cannot be offset with PTO time. However, California has some very strict rules about usage of vacation/PTO and whether this would be acceptable or not, in lieu of paying for "all the time they have actually worked" (per above cite).

      What I would do is to track this daily, over a period of time, say, one month. If the accumulated time for which PTO is substituted is substantial, file a claim with the DLSE; as stated many times, it either works or it doesn't.

      In the meantime, clocking in/out as close as mechanically and humanly possible to your scheduled stop/start times and in/out for your lunch period, will basically eliminate the problem.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment

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