Can an employer in FL not pay me for under 15 minutes of OT?
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Can an employer in FL not pay me for under 15 minutes of OT?
Can an employer in FL not pay me for overtime accrued on a daily basis if it is
under 15 minutes or whatever random number they pulled out of a hat? Sometimes
my job requires me to stay late, anywhere from 1 minute to several minutes or
more. My employer has started rounding our time. If my shift ends at 330pm but I
clocked out at 340pm, they round it back down to 330 and do not pay me for it.
If I end up working up to 14 minutes a day OT and not getting paid that builds up
because it is 70 minutes of OT I can possibly not be paid in a standard 40 hour
work week.
Asked on January 7, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, it is not legal to "round" your time: all your work time must be accurately tracked, accounted for, and paid--including overtime (when you work more than 40 hrs in a workweek).
That said, it is likely the case that running over by 1 - 3 minutes, they would not be held accountable for: there is a concept that a "de minimis" error is inconsequential. So say you clocked out, then remembered you had to run back in and quickly log in a receipt or invoice or bill of lading, etc. which took you two minutes, and that this happens 1 - 3 times/month--there'd be no point in seeking compensation for 6 minutes of time monthly.
But if they reguarly or commonly keep you over by say 5 minutes or more, so that, as you correctly point out, it can build up an hour or more of time, then yes--they need to track and pay it, and if they don't, you could file a complaint with the department of labor for unpaid wages/overtime.
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