Legal Question in Employment Law in California
Home Depot California not paying employees ALL of their wages for time worked.
I work for Home Depot in California. The use a time keeping system called Kronos. If an employee clocks in early, we are not paid for that time, if we clock out late we are not paid for our time. However, if we work 7 minutes over or start 7 minutes early we get paid for 15 minutes. However, Home Depot does not ever let that happen. What about the time that I am working before and after, i between the 7 minute time frame? How come I can't get paid for this time. Several thousand employees work for Home Depot and we all have to follow this rule. Its a company rule.
2 Answers from Attorneys
Re: Home Depot California not paying employees ALL of their wages for time worked.
You are required to clock in BY [before] the start time, to prove your time. Since all employees can't punch in simultaneously, some are going to have to punch in before start time, and after stop time. That is not time you are paid for.
Re: Home Depot California not paying employees ALL of their wages for time worked.
So long as the employer's rounding method is fair, that is the same time and factors are used in rounding up or down, it will generally be upheld.
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