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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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Are there laws regarding time frames for clocking in and out

Resolved Question:

Are there laws regarding time frames for clocking in and out so that overtime wouldn't add up.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 years ago.
The only rules concerning the FSLA and clocks is that you can't round time in such a way as to deprive someone of overtime.

So, that means that you can round time to the closest 15 minute mark (so if they clock in at 7:55, you can round it to 8:00 am). But you have to round properly, so if they clock in at 7:50, you have to round down to 7:45. It works the same at the end of the day, rounding to the nearest number is XXXXX allow, in 15 minute increments or less.

What you can't do, and some employers have tried, is to round the morning clock in towards 8:00 (if that is your starting time), so that a 7:48 clock in becomes 8:00 am and then turn around in the afternoon and round backwards towards 5:00, if they clocked out at 5:14 pm. You have to round fairly.

Otherwise, you simply draft a policy that creates a penalty for constant early/late clocking. You have to pay them, because they technically worked, but you can set up a three strikes system, with a strike being removed every quarter.
Allen M., Esq. and 7 other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you!
Expert:  Allen M., Esq. replied 6 years ago.
No problem.

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