 | 
11-18-2008, 11:48 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | 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? | 
11-18-2008, 12:41 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 11,747
| | | 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. | 
11-18-2008, 01:16 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | I did refer to myself as a contractor but I am more technically a part-time employee. | 
11-18-2008, 01:21 PM
| | Senior Member | | Join Date: Mar 2005
Posts: 1,410
| | | Are you paid via payroll or accounts payable? | 
11-18-2008, 01:41 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | I am paid via payroll | 
11-18-2008, 01:55 PM
| | Member | | Join Date: Jan 2006
Posts: 195
| | | 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]
__________________
I am not a lawyer, this is not legal advice. Please consult an attorney for legal matters.
| |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread | Linear Mode | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | | |