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calculating hours worked in ca

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  • calculating hours worked in ca

    I would like to know if this rule applies for both federal and state...also I want to make sure it is the law

    An employee is clocking in 3 minutes late of his regular scheduled time but is actually clocking out 13 minutes late due to work reasons (actual clock punch is 7:33 in 4:13 out) I believe he has actually worked 8 hours 10 mins. but he is only being paid for 7 hours and 57 minutes. They are taking his time away for clocking in late but not giving it to him when he is staying late. They say only if he stays 15 minutes late will overtime start. I believe the law is that he should be paid at least 8 regular hours and maybe even 15 min. OT if using the 7 minute rounding rule? Please let me know if I am correct or if the company is in compliance with the law.

    Thanks

  • #2
    If I am understanding you correctly, the employer is not consistently applying the rounding rule. They are NOT rounding on his "in" time, and are rounding "up" on his out time. What would happen if he clocked in at 7:25 and clocked out at 4:05 or 3:55?
    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
      answer

      To pattymd
      you are correct the rounding rules are not being applied.

      If he clocked in at 7:25 and worked until 4 pm he would be paid 8 hours

      If he clocked out at 4:05 (clocking in at exactley 7:30) he would be paid 8 hours

      If he clocked out at 3:55 (clocking in at anywhere from 7:16 to 7:30) he would only be paid 7 hours and 55 minutes....

      This doesn't sound right to me.....where does it say that you must apply rounding rules on both sides? Please help

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      • #4
        It's really in the intent of the regulation. See the last sentence here:
        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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        • #5
          last sentence

          pattymd

          I do have that info already and it seems that it may be taken a couple of ways. I am not quite sure. I do believe that if you round at all you have to be consistant all the way through is this correct?

          Or does anyone have any other information that would help me with this.

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          • #6
            I don't know what else you want me to say. You're free to file a claim with the DLSE if you feel you are not being paid all the time to which you are legally entitled, and let them investigate and make a determination.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Crazycalaws, if you are looking for someone to point you at a phrase somewhere in the law that spells out in no uncertain terms that rounding time has to be handled consistantly or in both directions or in some other way that will make it a black and white issue, I'm sorry and I don't mean this rudely but it isn't going to happen. Patty is our reigning expert on comp and wage and hour issues, and she has pointed you at the exact law. There IS nothing further we can tell you. You are free to file a claim for unpaid wages if you feel that you have not been compensated properly. You do not need to prove your point or show the DOL what part of the law has been violated; they will investigate and make a determination. They know the law and how it can and cannot be applied; this is what they do.

              Good luck.
              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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              • #8
                thank you

                You both are right.

                Thank you very much for all your help. I don't feel like I am being cheated, since I understand how they are rounding I would never clock in early or late and I would never stay late unless I knew it would be longer than 15 minutes. But some employees are doing that and they are wondering why they are not getting paid. I think I was just looking for a way to explain (to the company) what they are doing is wrong but by having back up at the same time so I don't sound like a trouble maker.

                Once agin thanks for everything.

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                • #9
                  In the same boat

                  I work for a local government agency that uses the Kronos time management system.

                  I am scheduled to start at 7:30am and leave at 4:30pm. I get a 1 hour lunch break and I am an hourly employee.

                  The rules in the system are as follows:

                  If I come in 6 minutes late it automatically adjusts my time back to 7:30.
                  If I leave 6 minutes late to make up for coming in late it adjusts the time to 4:30
                  If I am 7 minutes late it deducts 12 minutes from my time.
                  If I stay 7 minutes late to make up for being seven minutes late it deducts 2/10 from my time card.

                  If I arrange with my manager to come in early so I can go home early:
                  If I come in at 7:15 and leave at 4:15 it deducts time from my time card.

                  Then if I do accrue overtime it is deducted from my paycheck.

                  Is any of this legal? Thanks in advance for the reply!

                  Comment


                  • #10
                    Turbo, you only need to post your question in one place. I just answered your post elsewhere.
                    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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