Let's say that I'm scheduled from 3:00 to 11:05. My employer tells me that he rounds to the 15 minute mark, so 11:07 and below is 11:00 and 11:08 and above is 11:15. This would seem fair, but if I'm always scheduled until 11:05, then the rounding system will always short change me.
Car / Auto Accident Lawyer
Are you really scheduled to the minute? If they are scheduling you to 11:05 in an effort to evade paying you for those 5 minutes, then you may have a wage an hour claim against your employer. They certainly should be consistent. Are they consistent with that when you start as well? I would contact an attorney and give them all the facts of your case. They can evaluate your claims. Good luck!
If my answer helped you, please click on "best answer" or "helpful." I have been in practice in Washington State since 2002. Any information shared is for educational purposes only and is based on my knowledge on Washington State law. Other state's laws may differ. These answers do not create an attorney-client relationship: only a fee agreement between the parties creates an attorney-client relationship. Nothing contained in any of my answers should be construed as legal advice. Seek out an attorney in your state for formal legal advice.
Employment / Labor Attorney
WA follows the Dept. of Labor rounding rules with an exception. First the DOL rounding rules require that if an employer uses rounding rules, the application of those rules should even out to neither favor the employer or the employer. If your employer is only applying the rounding rule to benefit his business then he is technically violating the DOL rounding rules and if he is audited--base on an employee complaint--he will likely be found in violation. If you think that there is evidence to support your claim that you never benefit from the application of the rounding rule then you should file a wage claim either with the WA labor department or find an attorney here on Avvo using the find an attorney tab. You may also wish to contact my colleague that has already answered your question. The exception to the rounding rule that WA applies relates to rounding lunch periods. Non agricultural employees cannot have their ½ hour duty free lunch rounded down, e.g., if they break for lunch at 12:04 they cannot be required to return from lunch until 12:34--no rounding. Find an attorney to help you here on the Find an Attorney Tab.
Best of luck!
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