Podcast: California Employment News - Time to Do Away With Rounding Policies
California Employment News: Time to Do Away With Rounding Policies
Case In Point: Recent Developments in Employment Law
Employment Law This Week: Pregnant Workers, Time-Rounding Practice, Gender Discrimination, National Origin Discrimination
I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging...more
At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more
A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more
California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more
The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more
For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more
Kuciemba v. Victory Woodworks Inc., 14 Cal. 4th 993 (2023)... Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)... Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July...more
The California Court of Appeal issued a blow to employers this week by taking yet another step toward eliminating their ability to round employee time punches. Although the California Supreme Court will ultimately weigh in,...more
As we wrote about previously here, in October 2022, the Sixth District of the California Court of Appeal in Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638 (2022), ignored a decade of precedent and found Home Depot’s...more
The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more
This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more
On September 13, 2022, the German Federal Labor Court (Bundesarbeitsgericht) ruled (1 ABR 22/21) that employers are required to record the working hours of their employees. The reasoning for the decision was published on...more
Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
In a surprising decision of 13 September 2022 (1 ABR 22/21), the BAG ruled that companies are already obliged to introduce a system for recording working time. With this decision, the BAG has surpassed the German legislator:...more
Überraschend hat das Bundesarbeitsgericht (BAG) mit Beschluss vom 13. September 2022 (1 ABR 22/21) entschieden, dass für Unternehmen schon jetzt eine Verpflichtung zur Einführung eines Systems der Arbeitszeiterfassung...more
As it turns out, yes, people do care about time. Two recent court cases highlight some of the risks for employers when pay and timekeeping practices don’t comport with wage and hour laws. We’ll provide overviews of each case...more
Rounding is the practice of capturing time entries on a time clock and converting them to the closest five, ten, or fifteen minute equivalent. For example, both entries at 8:58 and 9:04 may be converted to 9:00 a.m. A recent...more
Although prior California decisions have approved neutral rounding systems, Camp v. Home Depot U.S.A., Inc. questions that law when an employer can track employee clock times to the minute. Therefore, employers in California...more
In Camp v. Home Depot, a Sixth Appellate District panel recently found against an employer that—although its electronic system recorded employee work-time to the minute—rounded daily totals to the nearest quarter-hour for...more
Over the past decade, California employers have reasonably relied on consistent rulings from courts as well as state and federal administrative agencies upholding the validity of time rounding systems as long as they are...more
On October 24, 2022, the Ninth Circuit Court of Appeals issued a decision in Cadena v. Customer Connex LLC, concerning whether the time employees spend booting up and shutting down their computers is compensable under the...more
The U.S. Court of Appeals for the Ninth Circuit held on October 24, 2022, in Cariene Cadena et al. v. Customer Connexx, LLC et al., No. 21-16522, that the time a group of call center workers spent booting up their computers...more
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more