News & Analysis as of

Rounding

Locke Lord LLP

California Supreme Court Rules Employers May Not Round Time for Employees’ Meal Periods

Locke Lord LLP on

In a recent wage and hour class action, the California Supreme Court ruled that employers may use timekeeping policies that round time punches for calculating time worked, but employers may not use timekeeping policies that...more

Ervin Cohen & Jessup LLP

California Supreme Court Signals the End for Rounding Meal Break Time

As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more

Constangy, Brooks, Smith & Prophete, LLP

California Employment Roundup: Q1 2021

Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of...more

Davis Wright Tremaine LLP

California Supreme Court Rules Against Rounding Meal Periods

On February 25, 2021, the California Supreme Court issued an important ruling affecting meal period compliance and rounding policies. In Donohue v. AMN Services, LLC, the Court held: (1) Meal periods cannot be rounded, even...more

McDermott Will & Emery

Has Rounding Overstayed its Welcome in California?

For the past decade, many California employers have lawfully used neutral rounding systems to compensate employees. Rounding is the practice of adjusting an employees’ recorded time worked to the nearest preset increment for...more

Akerman LLP - HR Defense

California Employers May No Longer Round Time for Meal Periods

California employers may not apply time-rounding procedures to meal period time entries, based on a recent California Supreme Court decision. ...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Tracking Employee Working Time

Epstein Becker & Green on

I had planned to focus this month’s installment of “Time Is Money” on the practice of rounding timeclock entries, addressing the history behind the practice as well as factors that make rounding today a riskier proposition...more

Perkins Coie

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible...

Perkins Coie on

California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more

Jackson Lewis P.C.

Wisconsin Wage And Hour Law: Rounding Employee Time

Jackson Lewis P.C. on

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other...more

Shook, Hardy & Bacon L.L.P.

California Supreme Court Strikes Down Rounding Time Programs For Meal Breaks

In its recent Donohue v. AMN Services, LLC decision, the California Supreme Court held that employers can not “round” employee time for purposes of calculating statutorily mandated meal breaks. It also held that records...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

K&L Gates LLP

California Supreme Court Strikes Down Meal Break Rounding; Establishes Presumption of Noncompliance Through Records

K&L Gates LLP on

HIGHLIGHTS: An otherwise facially neutral policy of rounding meal period start and end times are noncompliant with California meal period laws where the policy sometimes resulted in underpayment of meal period premiums....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair.  Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more

CDF Labor Law LLP

California Supreme Court Ends Rounding of Meal and Rest Periods

CDF Labor Law LLP on

On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique.  Donohue v. AMN...more

McGuireWoods LLP

California Supreme Court Declines to Extend Rounding Standard to Meal Period Context

McGuireWoods LLP on

Over the last decade, courts have permitted California employers to use timekeeping policies that round employee time punches (e.g., to the nearest 10th of an hour) if the rounding policy is facially neutral and used in a...more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

Weintraub Tobin on

Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

FordHarrison

New California Supreme Court Decision Disallows the Use of Rounding Time Punches for Employee Meal Periods

FordHarrison on

On Thursday, February 25, 2021, the California Supreme Court in Kennedy Donohue v. AMN Services, LLC, effectively ended the usage of time-punch rounding policies in the context of employee meal periods. This decision will...more

Morgan Lewis

California Supreme Court Prohibits Meal Break Rounding and Creates Violation Presumption

Morgan Lewis on

In light of the recent ruling, employers in California should be aware of the risks involved in using rounded time to determine whether an employee took a late or short meal break. ...more

Troutman Pepper

California Supreme Court Invalidates Rounding Practices for Employee Meal Periods and Imposes Rebuttable Presumption of Meal...

Troutman Pepper on

On February 25, the California Supreme Court issued its ruling in Donohue v. AMN Services, LLC that employers may not round employee time punches in the meal period context, and that time records showing potentially...more

Hirschfeld Kraemer LLP

The Future of Timeclock Rounding Policies: Dead on Arrival

Last week, in Donohue v. AMN Services, LLC, the California Supreme Court handed down a very important, if unsurprising, decision regarding wage and hour class actions. There are three critically important takeaways for...more

Holland & Knight LLP

California Supreme Court Rejects Rounding of Timekeeping for Tracking Meal Periods

Holland & Knight LLP on

If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more

Seyfarth Shaw LLP

Is Rounding Now Out To Lunch?

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action seeking meal period premium pay, the California Supreme Court reversed the Court of Appeal and held that employers cannot engage in the practice of rounding...more

Epstein Becker & Green

California Supreme Court Holds That Employers May Not Round Punch Times in the Meal Period Context

We have previously discussed on this page how rounding practices can be problematic.  Now, in Donohue v. AMN Services, LLC, the California Supreme Court has provided yet another reason for employers in California to review...more

Carlton Fields

California Supreme Court Prohibits Rounding Meal Break Time

Carlton Fields on

In determining lunch hours, every minute counts, at least here in California. The practice of “rounding time” to the nearest five or ten minutes can cost employers dearly — literally in the millions. The California Supreme...more

Fox Rothschild LLP

California Supreme Court Addresses Critical Issue Regarding Meal Period Rounding

Fox Rothschild LLP on

On February 25, 2021, the California Supreme Court issued its opinion in Donohue v. AMN Services, LLC, holding that: •Employers cannot utilize the rounding of time punches in the meal period context, even if the rounding...more

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