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May 11, 2017

ninth Circuit Approves Neutral Rounding of your time

ninth Circuit Approves Neutral Rounding of your time

Should you read one factor…

  • In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the Ninth Circuit held that both federal and California law permit employer to round employees’ time punches towards the nearest fifteen minutes (or smaller sized increment).
  • A legal court confirmed that analysis of the rounding claim should concentrate on if the rounding is made to balance out with time (i.e., whether it’s neutral on its face so that as applied), and never whether or not this really labored for or against a person complaintant used.

On May 2, 2016, in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the ninth Circuit held that both federal and California law permit employers to round employees’ time punches towards the nearest fifteen minutes (or smaller sized increment). Because the ninth Circuit described, although the complaintant demonstrated he was slightly “underpaid” because of rounding, the business was titled to summary judgment, because its rounding practice was neutral on its face so that as applied.

This ruling confirms that analysis of the rounding claim should concentrate on if the rounding is made to balance out with time and never whether or not this really labored for or against a person complaintant used.

Details

Defendant Time Warner-Entertainment-Advance/Newhouse Partnership (“Time Warner”) rounded its employees’ work time once they punched “in” and “out,” towards the nearest 15-minute increment. For instance, a punch of 8:07 a.m. was rounded lower to eight a.m., while a punch of 8:08 a.m. was put together to eight:15 a.m.

Complaintant Andre Corbin contended this practice denied him earned wages, since it was undisputed that, within the relevant period, Corbin was compensated $15.02 under he’d be compensated if Time Warner didn’t round his punches.

Ruling

The ninth Circuit held that federal rules specifically enable the “nearest 15-minute” rounding practice utilized by Time Warner which California law adopts that federal standard. It rejected the plaintiff’s argument that demonstrating a internet underpayment of $15.02 was enough to outlive summary judgment, because “mandating that each worker must gain or break even” would “vitiate[] the reason and effectiveness of utilizing rounding like a time keeping method” (original emphasis).

A legal court also rejected Corbin’s argument it should think about whether rounding were built with a disproportionate impact on his overtime hrs, noting that the neutral rounding policy “allows employees to achieve overtime compensation as fast because it causes these to lose it” and finding “no need to evaluate overtime minutes any differently than regular-time minutes[.]”

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