Legal Question in Employment Law in California
Rounding policies
This is in response to the question I asked earilier about rounding.
My employer only rounds up they do not round down. For the clock in punch they round up if punch is within 6 minutes after start time and up if punch is 15 minutes and before start time. If you punch in at 8:07 you get paid based on 8:07 punch in at 8:06 you get paid based on 8:00. Punch in at 7:46 you get based on 8:00 punch in at 7:45 you get based on 7:45.
For punch out they round up if punch is up if 15 minutes after end time. Puch out at 5:15 based on 5:00 punch at 5:16 based on 5:16.
1 Answer from Attorneys
Re: Rounding policies
Based on the your description it appears that the rounding method is not lawful because it clearly benefits the employer. Rounding must be done fairly both up and down. A punch out in the first half of the quarter hour can be rounded to the hour (5:00), and a punch in the second half of the quarter hour should be rounded up to the quarter hour (5:15). The same would apply at the beginning of the work day.
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