flynnibus
Premium Member
I'm aware of that...however, non-exempt employees are required by law to be paid for all time worked. So it MUST be rounded up, because employees must be paid for ALL time that they work. If the employer only pays in increments, then they will need to eat the additional amount of time since this is their policy.
Additionally - you may find this letter to the NY State DOL helpful in understanding the situation. Now, we must fully understand labor laws are largely a state topic, but the federal labor laws act as an umbrella that offer some minimum standards. But this letter does speak specifically to how the Federal Wage laws allow the rounding practice.
So again - not that this letter is the exact scenario, but it does speak to both rounding AND communicating to employees about not working overtime
http://www.labor.ny.gov/legal/counsel/pdf/Other/RO-09-0129 - Rounding of Time.pdf
Enjoy