Is it legal to round down someone’s hours on each pay stub?
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Is it legal to round down someone’s hours on each pay stub?
I do understand there is a rule but if he is always rounding down shouldn’t he also rounding up? For instance, if I come in at 7:53 am, he will round it up to 8:00 am but if I clock in at 8:03 am, he won’t round down to 8:00am to comply with the actual rule. He also tells me to be in the building 5 minutes before 8 am but he is not going to pay me for the 5 minutes I come in early. He also won’t pay for the minutes I stay after 5 pm. I don’t see how this is legal.
Asked on May 4, 2012 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is not legal. Hourly employees must be paid for all hours worked--and that includes any time you are required to be at work, even if it is before your nominal shift. Furthermore, as you understand, if an employer rounds time, it must do so in a consistentent and fair way. So if being 7 minutes early were rounded up to 8 o'clock, then being 7 minutes (or less) late should be rounded down to 8, too. If the rounding is always in the employer's favor, it is likely illegal. You may wish to contact your state department of labor.
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