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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35309
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My company has rounding on the time card, I have been punching

Customer Question

My company has rounding on the time card, I have been punching in 3 minutes early at lunch to make sure I hit 30 minutes. Time card system just posted all these ca lunch for 1 hour. I have been doing this for 8 months and this just happened am in trouble was not aware I was doing wrong until now?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Your question is not entirely clear, but what I think you are saying is that you are taking a meal break of about 30 or 35 minutes and being charged for an hour---meaning that you are losing wages each day based on the rounding being done by the employer of your time card.
While CA law allows for rounding of times on time card systems, I can virtually say with certainty that rounding to the next half hour would not be legal under CA law.
In the recent CA case of See’s Candy Shops, Inc. v. Superior Court, No. D060710 (Cal. App. 4th, Oct. 29, 2012), the court found that a rounding to the nearest 1/10th of an hour was legal, so long as on average the rounding down was offset by rounding up on other occasions.
If you are being charged an entire hour for lunch, when in fact you are really only taking 30 or 35 minutes, this is clearly illegal on the part of the employer and you have the right to make a wage claim for the lost and therefore unpaid wages due to improper rounding.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
That is not what I am asking, I'm not being charged anything - my company is being charged an hour of overtime each day for me since I punch in at 27 minutes not thirty.
Expert:  LawTalk replied 1 year ago.
Thanks for clarifying that for me. This still should not be a problem because they can round to the half hour. It sounds as though they are considering the 27 minutes as no lunch hour at all being taken, and then paying you the mandatory 1 hour for the missed lunch hour for the shift. That is a problem and they will need to back out the error. if you have been paid all these hours of overtime I suspect that the employer will want to be repaid as well. The problem is not with you so much as it is with their time card system. You may reply back to me again if you have additional questions, and I will continue to assist you.I wish you well,Doug

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