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Wage & Salary Issues Minimum wage laws, vacation pay, overtime, etc.



               


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  #1  
Old 11-18-2008, 11:48 AM
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adjusting times punched on clock


What is the name of your state (only U.S. law)? CA

I am a contractor without a set schedule. When I come and go at the end of the day I punch a time clock that essentially records time in 15 minute intervals. The clock will adjust at time such as 9:07 to be 9:00 and 9:08 to be 9:15. My question is can the employer then go in and manually impose a scedule on me for certain days so that they can round up my start time in their favor. For example I punch in at 8:50 and they round it up manually to 9:00. However, if I punch out at 4:20, they do not also round that up to 4:30. Is this legal?
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Old 11-18-2008, 12:41 PM
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Well, that depends. If you are classified as an EMPLOYEE, then this is not legal. While rounding of time punches is permitted, it must be done consistently whether it benefits the employee or the employer. 8:50 must be rounded to 8:45 and 4:20 must be rounded to 4:15.

However you said you are a contractor. If you mean an INDEPENDENT contractor, then you are not subject to employment law and everything must be addressed in your contract.
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Old 11-18-2008, 01:16 PM
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I did refer to myself as a contractor but I am more technically a part-time employee.
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Old 11-18-2008, 01:21 PM
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Are you paid via payroll or accounts payable?
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Old 11-18-2008, 01:41 PM
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I am paid via payroll
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  #6  
Old 11-18-2008, 01:55 PM
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Look at the FLSA. Some occasional rounding is permitted, provided in the end - it all evens out.

Is your employer subject to the FLSA?

Are there any California laws regarding this? (I'm in FL - we have no labor laws).

[url]http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE29.asp[/url]
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