Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney
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Is timesheet rounding actually legal?

It's a pretty basic concept: If you go to work and spend time doing your job, you should be paid for that time. The idea that you would not be paid for the effort that you've put in on the job is laughable, which is why you were so surprised when you received a paycheck that was short of several hours' wages.

When you spoke with your employer, they claimed that the wages were accurate. However, you sat down with your notes and discovered that they were rounding up or down to the closest half-hour. That meant that on the days you stayed until 5:56 p.m., you'd be paid until 6:00, but on the days you arrived at 7:46 a.m., you weren't being paid until 8:00 a.m., even if you were already working.

It might seem like those few minutes don't matter much, but they do add up. If you work an extra 15 minutes every day for two weeks, that's around 2.5 hours of unpaid labor that your employer is benefiting from.

Is timesheet rounding illegal?

Sometimes, yes. Some amount of timesheet rounding can be legal, so long as it's not to the benefit of the employer. The maximum rounding increment is 15 minutes, and employers have to follow the 7-minute rule, which states that employees who clock in before or at the seven-minute mark must have their time rounded up or down accordingly. The direction of the rounding must favor the employee.

If you're concerned that your employer is completing timesheet rounding that is not legal, then speak with your attorney. Bring your documentation, so you can discuss your options.

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