Amazon has been hit with a FLSA lawsuit for unpaid overtime based on its practice of rounding employees’ clock-in and clock-out times to the nearest quarter hour. As is typical, the newspaper account of the lawsuit quotes extensively from the complaint and leaves the impression that Amazon must have done something wrong. In reality, there is nothing per se wrong with the practice or rounding hours. FLSA regulations recognize the practice of recording employees’ starting time and stopping time to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour. The regulations state:
Presumably, this [rounding] arrangement averages out so that the employees are fully compensated for all the time they actually work. For enforcement purposes this practice of computing working time will be accepted, provided that it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.
Thus, the issue is whether the rounding practices employed by Amazon, over a period of time, resulted in failure to compensate the employees properly for all the time they actually worked.
When it comes to rounding, most practitioners suggest that the way to avoid trouble is to always round in favor of the employee. My first question is why round at all? With the technology available today, why not record exact hours and avoid the issue?
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Discrimination
- EEOC
- Department of Justice
- Non-Compete Agreements
- NLRB
- Religion Discrimination
- Title VII
- Department of Labor
- Diversity
- Reasonable Accommodation
- Pregnancy Discrimination
- Coronavirus
- NLRA
- Labor Law
- Artificial Intelligence
- Inclusion
- LGBTQ+
- National Labor Relations Board
- Wage & Hour
- Privacy
- FLSA
- Overtime Pay
- Federal Trade Commission
- Employee Benefits and Executive Compensation
- FMLA
- Workplace Accommodations
- Arbitration
- Employment Litigation
- Workplace Violence
- Medical Marijuana
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- Medical Cannabis Dispensaries
- ADAAA
- Whistleblower
- Unions
- United States Supreme Court
- ACA
- Affordable Car Act
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Securities Law
- Preventive Care Benefits
- Family and Medical Leave Act
- Health Savings Account
- SECURE Act
- Environmental Law
- US Department of Labor Employee Benefits Security Administration
- Privacy Laws
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Security Screening
- Supreme Court
- Telecommuting
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?
- EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices
- Ohio Senate Bill 11: Key Provisions and Implications for Employers
- Shifting Burdens: Is McDonnell Douglas Past Its Prime?
- Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings
- UPDATED: What’s Next for the Department of Labor? The Confirmation of Lori Chávez-DeRemer
- Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump
- Recent Executive Orders’ Impact on the EEOC
- NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda
- Federal Court Overturns Expansion of Overtime Requirements