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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.