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The Rounding Law Interpretation Federal

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  • The Rounding Law Interpretation Federal

    I just posted something about the rounding law and my situation(PLEASE read down a couple of posts and give me your opinion on that).

    This is what the Federal law states:

    29 CFR 785.48 - Use of time clocks
    (b) ``Rounding'' practices. It has been found that in some
    industries, particularly where time clocks are used, there has been the
    practice for many years of recording the employees' starting time and
    stopping time to the nearest 5 minutes, or to the nearest one-tenth or
    quarter of an hour. 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.



    The way I interpret that last sentence, even using a rounding up to the next quarter hour universally(for punch ins and outs) might still not necessarily be fair.

    If I punched in one minute past 9 o'clock for fifteen days straight, but punched out exactly at 5 everyday, over the course of 15 days I would have missed a total of 15 minutes, but would have been docked for a total of 3 1/4 hours. That seems like a "failure to compensate the employees properly for all the time they have actually worked". Yes?
    Last edited by tommyd; 06-30-2006, 05:11 PM.

  • #2
    well im trying to get this in my head lol

    Originally posted by tommyd
    I just posted something about the rounding law and my situation(PLEASE read down a couple of posts and give me your opinion on that).

    This is what the Federal law states:

    29 CFR 785.48 - Use of time clocks
    (b) ``Rounding'' practices. It has been found that in some
    industries, particularly where time clocks are used, there has been the
    practice for many years of recording the employees' starting time and
    stopping time to the nearest 5 minutes, or to the nearest one-tenth or
    quarter of an hour. 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.



    The way I interpret that last sentence, even using a rounding up to the next quarter hour universally(for punch ins and outs) might still not necessarily be fair.

    If I punched in one minute past 9 o'clock for fifteen days straight, but punched out exactly at 5 everyday, over the course of 15 days I would have missed a total of 15 minutes, but would have been docked for a total of 3 1/4 hours. That seems like a "failure to compensate the employees properly for all the time they have actually worked". Yes?
    According to your wording,you clock in at 9:01 and clock out at 5:00,if this is the case,you would owe your work 15 minutes because the way it works,you would be paid for 9:00-5:00,since the minute is closer to 9:00 than it is to 9:15. If you work everyday from 9:08-5:00 pm,then after 15 days,you would be getting paid for 9:15-5:00,so it would add up to 105 minutes worth of pay that you lose out on. If you clocked in before 9:00,lets say 8:55,you would be paid for 9:00-5:00 for that day,so in 15 days,if you did it every day,you would not be paid for 75 minutes of time you worked. On the good side of this,if you clocked in late by only 5 minutes (9:05-5:00),after 10 days,you would be getting paid for 50 minutes you actually didn't work,so i think it does add up unless you are habitually early or late,which is not good either way. I think i got these figures right lol! Was that the example you meant to give in the firstplace?

    Comment


    • #3
      I've got a better suggestion. Why don't you edit your post with a little cutting and pasting so that all your information is in the same one?

      The responders here are volunteering their time; it's not fair to make them jump from post to post in order to get the info they need to answer your question, okay?
      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.

      Comment


      • #4
        Turbowray,

        I said rounded 'up' in that post, meaning 9:01 would get rounded to 9:15. Punching out at 5:01 would also be 5:15

        CBG,
        I only brought up my other situation to let people know what made this pop into my head, and also politely asked that they do go read it. Nothing HAS to be read in my earlier post to respond to this thread.
        Last edited by tommyd; 06-30-2006, 07:03 PM. Reason: To clear the air

        Comment


        • #5
          well

          Originally posted by tommyd
          Turbowray,

          I said rounded 'up' in that post, meaning 9:01 would get rounded to 9:15. Punching out at 5:01 would also be 5:15

          CBG,
          I only brought up my other situation to let people know what made this pop into my head, and also politely asked that they do go read it. Nothing HAS to be read in my earlier post to respond to this thread.
          I could be wrong,but i think that legally they are supposed to round to the NEAREST quarter of the hour,not the one ahead of the clock in time. If I am wrong someone will let us know,unless they allready answered it in the other thread that cbg is talking about. In the future,I would suggest just keeping it all in the original thread but under the title,just say "different question",then we can follow everything you have going on with this employer without moving,I myself did not know about your other postings,and could have somehow given you a wrong answer without all the facts on the table. Not repremending you I promise! We just want to see you benefit the most from this forum,and by using this form,you would be best helped out! Have a great one!!!

          Comment


          • #6
            p.s

            By always rounding to the "up",the only one who would continuously benefit from this would be your employer,because no matter what time you clocked in,it would rob you of time,every time,unless you clocked in right on the nose! I don't see this as benefiting everyone involved.

            Comment


            • #7
              But, turbowray, if they always round up, whether early or late punch, it should result in the employee receiving pay for "substantially" all time worked, which is all the FLSA requires. It doesn't require you be paid for every single minute. And again, rounding applies to each punch, not to a daily or weekly total.
              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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