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Is It Legal for My Employer to Round Down My Hours?
If you’re wondering, “Is it legal for my employer to round down my hours?”, you’re not alone. Many Ohio employees question timekeeping practices, especially when they notice that their paid hours don’t match their actual time worked. While some rounding practices are legal under federal law, consistently rounding down can violate your rights and may result in unpaid wages.
Understanding whether your employer’s rounding policy is legal comes down to how that policy is implemented and whether it favors the employer over time.
Is It Legal for My Employer to Round Down My Hours Under the FLSA?
The Fair Labor Standards Act (FLSA) permits employers to use rounding practices in keeping time, as long as they are fair and neutral. According to federal regulations (29 C.F.R. § 785.48(b)), employers may round time entries to the nearest 5 minutes, one-tenth, or quarter of an hour, provided that the rounding does not consistently result in underpayment to employees.
So, is it legal for your employer to round down your hours every shift? Only if, over time, the rounding evens out or benefits you as much as it does the employer. If the rounding is always – or even mostly – to the employer’s advantage, it likely violates the FLSA.
How Does Ohio Law Treat Rounding Down of Hours?
Ohio follows federal guidelines when it comes to wage and hour laws. That means employers in Ohio can round hours only if the system is neutral and consistent with accurate compensation over time.
If you’re clocking in at 8:03 a.m. every day and your employer rounds your start time to 8:15 a.m. without ever rounding in your favor, that pattern could be illegal under both Ohio law and the FLSA.
An employment lawyer can help you evaluate whether the pattern of rounding in your workplace results in systematic wage loss which could give rise to a valid legal claim.
When Is Rounding Legal And When Is It Not?
Legal Rounding Examples:
Rounding up or down to the nearest 5 minutes or 15 minutes, where over time it averages out.
A system that favors neither the employee nor employer.
Employees are paid for all compensable work performed outside rounded times (like early prep work).
Potentially Illegal Rounding Examples:
Employer always rounds down, reducing total hours.
Employees are not paid for work they perform before or after the rounded times.
Rounding pushes employees below the 40-hour threshold to avoid unpaid overtime.
In Kennedy v. Commonwealth Edison Co., 410 F.3d 365 (7th Cir. 2005), the court reaffirmed that rounding cannot be used as a tool to systematically reduce pay or avoid overtime obligations.
How Can I Tell If My Hours Are Being Illegally Rounded Down?
Here are some red flags that may indicate a problem:
You regularly work full shifts, but your paycheck seems short.
Your clock-in/clock-out times are adjusted without your approval or explanation.
You notice that rounding only cuts time, not adds to it.
You’re missing out on overtime pay due to small rounding deductions.
If you suspect this is happening, start keeping your own log of hours worked, including when you arrive, leave, and take breaks. If there’s a pattern of rounding down, your employer could be liable for wage theft.
What Should I Do If I Suspect Unfair Rounding?
If you’re asking, “Is it legal for my employer to round down my hours?” and something doesn’t feel right, follow these steps:
Document your hours. Keep track of your start and end times daily.
Request payroll records. You have a right to view your time and pay records.
Ask questions. Politely raise the issue with your manager or HR department.
Speak with an employment attorney. If your hours have been unfairly reduced, you may be entitled to recover wages, interest, and possibly damages.
Even small, consistent rounding down can add up to significant losses over time. Ohio courts have recognized that employers are responsible for compensating all hours worked, even those affected by seemingly minor timekeeping practices.
Contact Coffman Legal for a Free Consultation
Still unsure is it legal for my employer to round down my hours? Don’t leave your paycheck to guesswork. The employment lawyers at Coffman Legal are here to protect Ohio workers from illegal wage practices. If your hours have been shorted through unfair rounding, you may be entitled to compensation.
Call us today for a free consultation. We’ll review your situation and help you fight back against timekeeping abuse.
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