![]() ![]() 785.48(b) explains that rounding off work times to the nearest 5 minutes, one-tenth of an hour, or even quarter of an hour is permissible, as long as it works both ways, i.e., both to the advantage and disadvantage of the employee. If they want to come early or stay late to relax, they can do that if the company approves, but make it clear that no work will be allowed outside of the normal schedule, and they should not clock in until they are ready to work.Īs to "rounding" practices, 29 C.F.R. Strategic tip: do not allow employees to clock in or out more than a minute or two early or late. However, employers should avoid letting employees do that, since major discrepancies between the time clock records and the hours for which pay is given may "raise a doubt as to the accuracy of the records of the hours actually worked.", in turn possibly tempting DOL to pay more attention to whatever personal records the employees may have maintained. 785.48(a) notes that if employees voluntarily clock in early prior to their scheduled starting time, or clock out after their scheduled ending time, they do not have to be paid for any time they are not actually working (i.e., getting a cup of coffee, reading a newspaper, eating doughnuts, etc.). ![]() 785.47 explains the so-called de minimis rule, stating that "insubstantial or insignificant periods of time beyond the scheduled working hours, which cannot as a practical administrative matter be precisely recorded for payroll purposes, may be disregarded." It notes, however, that the de minimis rule applies only in case of intervals of "a few seconds' or minutes' duration", and the employer would need to be able to explain how disregarding such intervals is "justified by industrial realities." In addition, any fixed or regularly-occurring work time may not be disregarded, no matter how small, as long as it can be readily ascertained. The regulations on this are found in subpart D of part 785 of the wage and hour regulations. Time missed or worked within that interval will not be deducted from or added to the time worked, whereas time missed or worked outside that interval will result in that interval being deducted from or added to the time worked. Many employers do not pay employees according to the exact number of hours and minutes they work, but rather utilize some sort of "rounding" or "roundoff" system whereby a certain interval is set that serves as the minimum block of time that will be recognized as a unit of time worked or not worked. It does not store any personal data.PDF files require Adobe Reader for viewing. ![]() The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. The cookie is used to store the user consent for the cookies in the category "Performance". This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. The cookies is used to store the user consent for the cookies in the category "Necessary". The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The cookie is used to store the user consent for the cookies in the category "Analytics". These cookies ensure basic functionalities and security features of the website, anonymously. Necessary cookies are absolutely essential for the website to function properly. ![]()
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