Page 8 - Candy Shops News Today

When an employer tracked the exact time in minutes that employees worked, and those time-keeping records showed that an employee was not paid for all the time he worked, the employer could not simply rely on its neutral rounding policy as a defense.

Since 2012, when the California appellate court decided See’s Candy Shops, Inc. v. Superior Court, employers have presumed that so long as their rounding policy was neutral on its face. This conclusion was called into question in the recent case of Camp v. Home Depot.

While neutral rounding policies have historically been approved by California courts, the Sixth District California Court of Appeal recently held in Camp v. Home Depot, 84 Cal.App.5th...

The Sixth District California Court of Appeal held in Camp v. Home Depot that employers who utilize timekeeping systems that capture each minute worked by employees must fully compensate employees for all time worked, instead of rounding even if the rounding policy is neutral.

Rounding is the practice of capturing time entries on a time clock and converting them to the closest five, ten, or fifteen minute equivalent.

Camp v. Home Depot questions the continued viability of time rounding policies in California. Time rounding policies are lawful in California if the policy is fair and is used in a way that compensates the employees properly for all the time they have actually worked.

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...

An employer’s policy did not comply with CA law because the company tracked the exact time in minutes that employees worked each shift but did not pay them for it.

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...

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...