Q. My company uses a time clock to track the hours of. When we determine the wages to be paid to employees, can we round up or down to the nearest five-minute increment?
A. Neither the Fair Labor Standards Act () nor California law requires employers to use a time clock. However, they must keep accurate records of the hours worked by nonexempt employees in some permanent form.
For purposes of computing time worked, the FLSA does permit employers to round off a worker’s arrival and departure times to the nearest five minutes, one-tenth of an hour or quarter-hour.
However, the rounding should balance out over time, so it doesn’t always favor the employer. That is, employers must ensure that their rounding practices do not always result in employees not being paid for time that they actually worked. For example, if an employer rounds to the nearest five minutes, it should either:
- Always round in favor of the worker, or
- Alternate between rounding back to the previous five-minute mark for a worker’s starting or stopping time and rounding forward in the alternative situation.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Weigh retaliation risk when firing worker who has complained of discrimination
- How do part-timers affect ADA, MHRA thresholds?
- Uber settles lawsuit for $100M, retains contractor status
- Retaliation case doesn't have to rely on specific bias claim