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Time clock rounding up on clock-in and down on clock out.

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rplaisted

Junior Member
About a year ago, the company I work for started using a Point-of-Sale software to do the timeclock. Recently, I noticed that it is set to round to the nearest quarter hour. I know this is a common practice, but the problem is, the timeclock rounds up on clock-in and down on clock-out, causing an average of 15-mins lost every shift (30min if we have a lunch break.) I was wondering what the state of New Hampshire and FLSA state about this type of rounding. I know that my employer would, most likly, re-emburse our staff, but is there any action that can be taken against the software manufacturer, so that he can't sell the software to other companies, and so that the companies that he has sold it to, can be informed of the problem?
 


pattytx

Senior Member
Here is the Federal Wage and Hour regulation regarding rounding when using time clocks:
http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.48.htm

Employers must round to the nearest quarter-hour (or whatever time point they choose), not always up and always down as you describe your company does. Your company's policy is in direct conflict with the last sentence of the above regulation, in that the rounding policy, in fact, results in the employee getting paid for less than he worked over time. You can report this to the federal Dept. of Labor if you wish as far as this affects your pay.

However, you have no standing against the software provider. They are within their rights to have any functionality they choose in their systems. It is how the employer configures the system that is important. The provider is not the compliance police; besides, this may be a perfectly legal timekeeping system in another country. This idea is a lawsuit waiting to be thrown out by a court.
 

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