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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5035
Experience:  Extensive experience representing employees and management
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If a company has the following in place for both overtime and

Customer Question

If a company has the following in place for both overtime and deduction on late minutes, is it ok?
7-15 min is considered 0.25HR
16-30 is 0.5HR
31-45 is 0.75HR
46-60 is 1HR
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

My goal is to provide you with excellent service today.

No, this policy would not be in compliance with the Fair Labor Standards Act or California Employment Law.

While the arrangement regarding the first quarter hour is legal, as long as the employer also compensates an employee for a quarter hour if the employer works 7-15 minutes after the end of his or her shift, the rest of the schedule is illegal.

The FLSA allows rounding to the nearest quarter hour, but an employer cannot always round down. So, while the schedule above would violate the FLSA, the following wouldn't.

7-22=.25 HR

23-37-.5 HR

38-52=..75 HR &

52-60- 1 HR.

To clarify, these would not actually be deductions from wages. For instance if an employee signs in 27 minutes late for an 8 hour shift, they would have to be paid for 7.5 hours of work, not 7 (with an additional penalty deduction for being late).

Any arrangement that does not fully compensate an employee for all hours worked or makes penalty deductions from hours worked due to lateness are completely illegal under California Law, since they are not allowed authorized deductions from wages.

Instead, the employer can pay the employee this much less based on an 8 hour shift and/or scheduled overtime, such as the example above.

For more information see the FLSA's site regarding rounding hours worked here:

http://www.dol.gov/whd/regs/compliance/whdfs53.htm

Since my goal is to provide you with the best service, please don't hesitate to ask me any follow up questions.

If you don't have any further questions or need any additional information, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
Hello Vikki,

Please remember to rate my answer positively so I get credit for my work!

Unless you have any follow up questions or need any additional information, in which case please ask them here.

If you have no further questions, please remember to rate my answer positively so I get credit for my work. If you don't rate my answer positively, the website recoups your entire deposit and I get nothing for assisting you.

Please trust me when I tell you that I need the money WAY more than they do, so I'd greatly appreciate if you rate my answer positively!

Thanks and best of luck!

-Joseph

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