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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience
25 years in Payroll and Human Resources
Organizations
SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials
PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
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You are here: Experts > Business > Corporate Law > Employment Law > Timeclock Legality
Expert: Shirley McAllister, CPP, PHR - 10/29/2009
Question
The time clock where I work (California) doesn't pay by the minute. Once you get to seven minutes, it pays you for 15. If you only get 6 minutes, it doesn't pay you for them (you don't get paid until after the seventh minute). I regularly work 4-6 minutes over my 8 hour shift (authorized), so these minutes should be overtime. Is it legal for a time clock to round and can I request to be paid by the minute? Also, it is 4 minutes ahead ALL of the other clocks in the building, all cell phones, and all computers. The manager refuses to set it to the right time. Is that legal?
Answer
Yes, it is legal to round up and down to the nearest 15 minutes. That means that you would have to work more than 7 minutes over to be overtime. It also means that you can be up to 7 minutes late and not be docked time.
The Department of labor does recognize this rounding as a legal rounding.
The clock should be set as close as possible to the correct time. I think that within a few minutes would be reasonable. I don't think that you will find anyone in the Department of Labor or any other governmental agency that is going to investigate a difference of a few minutes time. Set your watch with the timeclock and you will have the right time.
The company is not breaking any laws here. Sorry, but if it rounds both in the morning and at night it is considered a legal system.
Shirley
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