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Basic Question on Nitty Gritty of Hours Worked Georgia

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  • Basic Question on Nitty Gritty of Hours Worked Georgia

    We're working through a situation at my workplace, and I need clarification from those who handle pay practices on a regular basis.

    I am in a 40-hour state, so we calculate hours worked on a weekly basis, not a daily basis. When we are rounding up or down on our 15-minute increments, do we round on a daily basis or a weekly basis?

    For example, suppose Jack works 8 hours and 8 minutes for three days during the week and 8 hours exactly for two days during the week. Will his hours worked be:

    1) 8.25 + 8.25 + 8.25 + 8.0 + 8.0 = 40.75 hours worked

    or

    2) 8 hours, 8 mins + 8 hours, 8 mins + 8 hours, 8 mins + 8 hours + 8 hours = 40 hours, 24 minutes = 40.5 hours worked

    My mind is foggy today.

  • #2
    Neither. You round on an in time/out time basis.
    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
      Originally posted by Pattymd View Post
      Neither. You round on an in time/out time basis.

      Actually, if rounding is in play, then 8 hrs, 8 minutes worked in the day rounds to 08.25 hours (nearest 15 minutes). If rounding is not in play, then 8 hrs, 8 minutes would be paid. Unless I am missing something, either answer #1 or #2 could be correct, depending on whether or not the employer is choosing to round.

      If instead, we have 8 hours, 7 minutes worked in the day, that would round to 8 hours (assuming that rounding is in play).

      The employer does not have to round, but if they do, then they must follow the 29 CFR 785.48 rules.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        So, if one works 8 h, 7 m one day and 8h 7m another day (and exactly 8h three other days) you could either end up with 40 hours worked or 40.25 hours worked. So long as you round by the day or by the week on a consistent basis, not changing weekly or by position, you can choose which rounding method?

        We're going round & round (heh heh, I crack myself up) on this one at the office.

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        • #5
          All you have to end up with, legally, is 40 hours. In most situations, though, you get the same result. Let's say In at 8:07, out at 5:08. Although that is, in fact, 15 minutes of "overtime", 8:07 can be rounded to 8 a.m. and 5:08 can be rounded to 5:15. Same result, different method of getting there.

          Conversely In at 8:07, out at 5:07. Theoretically there would be no overtime due, as you could round 8:07 to 8:00 and 5:07 to 5:00.

          Over time, however, such a practice would result in a violation of the intent of the regulations, which is to pay employees for "substantially" all time worked. The rounding guidelines provided by the FLSA assume that, over time, you're going to have employees who are a few minutes late one day, a few minutes early the next day and vice versa on leaving "early" and leaving "late". Having said all that, neither Georgia nor federal law requires that you keep records of actual in/out times.

          Is your business such that a few minutes here and there is necessary? And are the employees actually working during those few minutes? Do you use time clocks or other electronic means of recording in/out times?
          Last edited by Pattymd; 11-15-2007, 09:54 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Aha. See, that's what I was trying to get at Patty and you nailed it even though I couldn't accurately describe my question. Essentially you round for each punch (or whatever you use). In your first example, assuming the employee takes exactly 60 minutes for a meal period, he would work 8 hours, 1 minute but still would record 8.25 hours for that day.

            This is coming up on a particular property with 24/7 operations and the client is very picky about OT hitting the budget. So we're talking through the options of how to change a two-man shift and still have time to transfer notes, etc. I think the local team has pretty much figured the shift change piece out, but the clock-in and out question was hanging out there. I wanted to check our assumptions since it's so easy to think you're doing things correctly just because that's how you've done them.

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            • #7
              Just call me Hammer.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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