News & Analysis as of

Wage and Hour Rounding

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

Jury Awards Hospital System Employees $100 Million in Damages for Time Clock Rounding, Meal Break Violations

On April 18, 2024, a jury in Seattle, Washington, determined that a not-for-profit hospital system employer would be required to pay nearly $100 million for time clock rounding and meal period violations, raising concerns for...more

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2024

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The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

Buchalter on

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

Jackson Lewis P.C.

2024 FLSA Checklist for Employers in the Manufacturing Industry

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Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who...more

Constangy, Brooks, Smith & Prophete, LLP

Pajamas, pennies, and time rounding

In the Broadway musical Pajama Game, based on the 1953 novel 7½ Cents by Richard Bissell, employees at the aptly named Sleep-Tite Pajama Factory want a pay increase of 7½ cents per hour. (Like I said, the novel was written...more

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

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

Payne & Fears

Key California Employment Law Case Summaries: July 2023

Payne & Fears on

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

Epstein Becker & Green

Is it Time to Rethink Your Time-Rounding Practice?

Epstein Becker & Green on

For decades, many employers have rounded non-exempt employees’ work time when calculating their compensation.  Maybe they have rounded employee work time to the nearest 10 minutes, maybe to the nearest quarter hour, but they...more

Fisher Phillips

Is This the End of Employee Timecard Rounding in California? 3 Steps for Employers to Take After Recent Ruling

Fisher Phillips on

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

Sheppard Mullin Richter & Hampton LLP

Home Depot Files Opening Brief in California Supreme Court Case Set to Determine Validity of Time Clock Rounding

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

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2023

Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Weintraub Tobin

California Employment News: Time to Do Away With Rounding Policies

Weintraub Tobin on

Recent case law has brought time rounding policies into question. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review the California Court of Appeal’s recent ruling in Camp v. Home Depot,...more

Tonkon Torp LLP

California and Oregon Courts Nix Time-Clock Rounding

Tonkon Torp LLP on

For years, many employers have used the practice of time-clock rounding. This is a practice of rounding time entries by employees to the nearest five-minute, six-minute, or 15-minute interval. This practice is lawful under...more

Fox Rothschild LLP

Neutral Rounding Policies on Life Support

Fox Rothschild LLP on

Leave it to California courts to deliver another setback to employers right before the holidays. Near decade-old rounding rules were just dealt a hearty blow. Employers should immediately reconsider rounding policies....more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Limits the Permissibility of Time Rounding

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

Manatt, Phelps & Phillips, LLP

Rounding Policy Falls Flat in California

An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a...more

Fox Rothschild LLP

Yet Another Preliminary/Postliminary Class Action: More Of The Same

Fox Rothschild LLP on

I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating company on that...more

Husch Blackwell LLP

No "Well-Rounded" Timekeeping: Why California Employers Need to Stop Rounding Now

Husch Blackwell LLP on

This week, the California Court of Appeal effectively shut the door on rounding time records in California. In Camp v. Home Depot, the court held that the employer’s facially neutral rounding policy violated California law by...more

CDF Labor Law LLP

New California Case Calls Into Question the Viability of Any Time Rounding Practices Where All Hours Worked Can Be Captured

CDF Labor Law LLP on

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

Cozen O'Connor

California Time Rounding Policies – The Beginning of the End?

Cozen O'Connor on

California Courts of Appeal have historically permitted fair and neutral rounding policies which, over a period of time, result in a net surplus of compensation and benefit to the employees collectively. However, Camp v. Home...more

Lewitt Hackman

Camp v. Home Depot-Employer Rounding Policies Under Scrutiny

Lewitt Hackman on

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

Weintraub Tobin

Rounding Policies Called Further Into Question

Weintraub Tobin on

In California, it has long been the rule that an employer is entitled to use a rounding policy “if the rounding policy is fair and neutral on its face and ‘it is used in such a manner that it will not result, over a period of...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

Stokes Wagner on

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

Payne & Fears

California Court of Appeal Calls Time Rounding Into Question

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The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more

BakerHostetler

Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers

BakerHostetler on

In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As...more

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