If my employer tracks hourly employees in 15 min intervals and I am 2 minutes late can they not pay me for the first 13 min I am working?

If my employer tracks hourly employees in 15 min intervals and I am 2 minutes late for my shift can they not pay me for the first 13 min I am working? Can they round up because I was late for my shift? They don’t have a time keeping system so everything is tracked manual in 15 min timeframes.

Asked on June 30, 2017 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

 
No, they may not do this. Under the law (e.g. the Fair Labor Standards Act, or FLSA), employees must be paid for all time they work. While rounding a minute or two is unobjectionable (the courts and labor departments try to be realistic), rounding by almost a quarter hour is not acceptable or legal. If you are two minutes late, they could most likely legally round to, say, 9:05, but not 9:15. What they are doing is illegal, and their system deficiencies is not a legal defense to their obligations; they need to upgrade their system to allow more accurate tracking.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.