Rounding hours...

[CJane]

What is the name of your state? KS

My former employer had the following policy...

For hourly employees, if you clocked in early for your shift, early from lunch or clocked out late at the end of the day - anything that would result in getting more hours than scheduled, the your hours were adjusted by HR when entering payroll to 'trim off' the extra minutes. Everything was rounded to the nearest whole hour.

So, as a for instance, I routinely clocked in 3 minutes early so I had time to get from the time clock to my desk as we're required to be 'at our desks when scheduled' and the time clock was at the opposite end of the plant from the front office.

I also VERY regularly worked 10 or 15 minutes past quitting time.

Several employees, myself included, also tended to just work straight through lunch as it was only 30 minutes and there was nowhere nearby to get a bite to eat. It just doesn't take that long to grab a bagel out of the kitchen and head back to work. But, 30 minutes was deducted from our time card every day whether we actually took a lunch or not.

Is all of that just routine, or something that should be reported?

 

[Ozark_Sophist]

What is the name of your state? KS

My former employer had the following policy...

For hourly employees, if you clocked in early for your shift, early from lunch or clocked out late at the end of the day - anything that would result in getting more hours than scheduled, the your hours were adjusted by HR when entering payroll to 'trim off' the extra minutes. Everything was rounded to the nearest whole hour.

So, as a for instance, I routinely clocked in 3 minutes early so I had time to get from the time clock to my desk as we're required to be 'at our desks when scheduled' and the time clock was at the opposite end of the plant from the front office.

I also VERY regularly worked 10 or 15 minutes past quitting time.

Several employees, myself included, also tended to just work straight through lunch as it was only 30 minutes and there was nowhere nearby to get a bite to eat. It just doesn't take that long to grab a bagel out of the kitchen and head back to work. But, 30 minutes was deducted from our time card every day whether we actually took a lunch or not.

Is all of that just routine, or something that should be reported?

If you are on the clock for more than a certain amount of time, you must take a lunch otherwise the employer gets in trouble. Rounding happens. If you were required to work past your quitting time, you should get paid.

All routine.

 

[CJane]

If you are on the clock for more than a certain amount of time, you must take a lunch otherwise the employer gets in trouble.

Do you know what amount of time?

Rounding happens.

I get this... and I'm not all that interested in my roughly 30-40 extra minutes per pay period of clocking in early/out late ... though it always irritated me that if I clocked in late or out early, the time wasn't adjusted.

If you were required to work past your quitting time, you should get paid.

All routine.[/QUOTE]

Thanks. Thought so, but wanted to make sure. Lots of people at the plant wouldn't ever question anything for fear of losing their jobs and therefore their status in the country... so I thought I'd ask for them.

 

[xylene]

Your employer CAN indeed require lunch to be taken.

While I am sure you are sincere, many employees try to pull the "I was working through lunch" routine.

If your employer is expecting you top work through lunch, that is another matter.

I would suggest you sit quietly during the 30 minute period. Bring a book.

Work less hard too. Be a bring down and do your best to sabotage work.

Think "Accidentally on purpose."

Its called 'rounding'.

 

[CJane]

Your employer CAN indeed require lunch to be taken.

Which I get. But I *think* in that case, they should actually 'make' people take the lunch period. Not let you work through and then dock your time so their paperwork looks good.

While I am sure you are sincere, many employees try to pull the "I was working through lunch" routine.

If your employer is expecting you top work through lunch, that is another matter.

I would suggest you sit quietly during the 30 minute period. Bring a book.

This is what I do now. And I get paid for my lunches.

Work less hard too. Be a bring down and do your best to sabotage work.

Think "Accidentally on purpose."

Its called 'rounding'.[/QUOTE]

LOL... I couldn't do that if I wanted to.

 

[ecmst12]

As far as I have heard here, they are allowed to round to the nearest 15 minutes, but they have to do it evenly. Usually that means 7 minutes early OR late will be rounded to the actual start time. More then that should be rounded forward or back to the next quarter hour. They shouldn't be allowed to round you down for coming in 3 minutes early but dock you for coming in 3 minutes late....I don't think. Stay tuned for someone to tell me I'm wrong

 

[cbg]

For the record, the state of Kansas does NOT require that an employer provide lunch breaks. It is up to the employer whether to do so or not. However, under KS law, IF breaks are offered, breaks of under 30 minutes must be paid.

Although breaks are not required by either Federal or state law in Kansas, an employer CAN legally require an employee to take a break and fire them if they refuse.

 

[CJane]

Although breaks are not required by either Federal or state law in Kansas, an employer CAN legally require an employee to take a break and fire them if they refuse.

Ok, but in this situation we were allowed to work through our lunches - no one ever said anything to me or anyone else about not taking lunches. It was totally accepted that I (and at least 5 other employees) was going to grab a yogurt and eat it at my desk while working rather than sitting around doing nothing for 30 minutes.

But that 30 minutes was always deducted from my check.

 

[cbg]

If you work through your lunch break you have to be paid for it. I was not responding to you but to this statement in the first response you received:

If you are on the clock for more than a certain amount of time, you must take a lunch otherwise the employer gets in trouble.

That statement is true in some states but Kansas is not one of them.

 

[ajs09876]

As far as I have heard here, they are allowed to round to the nearest 15 minutes, but they have to do it evenly. Usually that means 7 minutes early OR late will be rounded to the actual start time. More then that should be rounded forward or back to the next quarter hour. They shouldn't be allowed to round you down for coming in 3 minutes early but dock you for coming in 3 minutes late....I don't think. Stay tuned for someone to tell me I'm wrong

Where have you heard this before. I don't mean to hijack. I would just honestly like to know if there is a rule about evenly rounding the time clock.

 

[cbg]

Patty can give you the specifics but the FLSA does allow rounding to the nearest quarter hour.

 

[ajs09876]

Patty can give you the specifics but the FLSA does allow rounding to the nearest quarter hour.

I guess my question is my employer allows us to clock in seven minutes early and only 1 minute late. Does the FLSA state that if the allow us to clock in seven minutes early they need to allow us to clock in seven minutes late without it counting against us, or am I misinterpreting it?

 

[ecmst12]

What I *think* Patty has said is that if they round down for arriving early/leaving late, they must round by the same rules UP for arriving late/leaving early. HOWEVER, even if they can only dock your time if you are 8 minutes late or more, they can still discipline you for being 1-7 minutes late, including writing up or firing you.

 

[ajs09876]

What I *think* Patty has said is that if they round down for arriving early/leaving late, they must round by the same rules UP for arriving late/leaving early. HOWEVER, even if they can only dock your time if you are 8 minutes late or more, they can still discipline you for being 1-7 minutes late, including writing up or firing you.

Thank you. I guess I was getting confused with needing to pay you and getting written up. Thanks for your answer!

 

[pattytx]

Patty here.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.48.htm