Does my employer have to pay OT?

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Does my employer have to pay OT?

My employer denied my .5 hour over time
last pay period because he said my time
clock rounding favored me by 32
minutes. Is this legal? – Minnesota

Asked on January 23, 2017 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Leaving aside the factual issue of how long you did work, IF you did provably work more than 40 hours that week, you should have been paid overtime.
So returning to the "clock rounding" issue, the employer is violation of the labor law (e.g. the Fair Labor Standards Act) by not keeping accurate time records: employers are NOT supposed to round time, but rather to record the *actual* time worked and pay based on that. If the employer does not use an accurate time clock, you could file an overtime and wage & hour complaint with the state department of labor: just make sure, before you do, that you are confident that the rounding hurts you more than it helps you, because if it helps you more often, you may wish to leave well enough alone.


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