All across America employers and employees enter into relationships that provide a mutual benefit to one another. At its most basic level, the basis of this relationship generally goes something like this- the employer will pay $X.XX. per hour on the next scheduled pay day for all time worked by the employee during the workweek. Simple enough, right? But how is all time worked by the employee recorded or what happens if time worked is not properly recorded?
More troubling is the situation where the employee’s time is properly and accurately recorded, but the employer does not actually pay the employee in accordance with this time, even though it has agreed to pay the employee for all time worked. Rather, and generally unbeknownst to the employee, the employer pays the employee based upon the number of hours recorded as being worked after such time is “rounded.” What occurs is the employee’s actual time worked is rounded to the nearest quarter of an hour. Take the following chart as an example:
|Employee Actual Clock-In Time||Time Used for Employee Pay||Work Performed by Employee not Paid For|
|6:45am||7:00am||15 minutes unpaid|
|6:46am||7:00am||14 minutes unpaid|
|6:47am||7:00am||13 minutes unpaid|
|6:48am||7:00am||12 minutes unpaid|
|6:49am||7:00am||11 minutes unpaid|
|6:50am||7:00am||10 minutes unpaid|
|6:51am||7:00am||9 minutes unpaid|
|6:52am||7:00am||8 minutes unpaid|
|6:53am||7:00am||7 minutes unpaid|
|6:54am||7:00am||6 minutes unpaid|
|6:55am||7:00am||5 minutes unpaid|
|6:56am||7:00am||4 minutes unpaid|
|6:57am||7:00am||3 minutes unpaid|
|6:58am||7:00am||2 minutes unpaid|
|6:59am||7:00am||1 minutes unpaid|
|7:00am||7:00am||0 minutes unpaid|
Under this scenario, an employee working five days a week could lose as much as 1 hour and 15 minutes of compensable work time. And worse, an employee may never know because the time revealed to the employee for pay purposes could be the “rounded” time.
If you or someone you know has questions about how they are being paid or if the manner they are being paid is correct, please contact the employment lawyers at LaBar & Adams, P.A. at 407-835-8968 or www.labaradams.com.