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Jun02

Grace period for California

Does California labor law require that employees have a 7 minute grace period?

There is no law in California providing employees with any grace period for lateness. An employee scheduled to work at 9:00 A.M. who arrives at 9:01 can be considered late. Employers are within their rights to implement a policy of their choosing regarding tardiness. It’s important for the employer to establish and communicate parameters on lateness. Depending upon industry, an employee being only a minute late can jeopardize company productivity.

It is permissible under both federal and state law that employers round employees’ punch in and out times to the nearest one-tenth of an hour. This is often the confusion surrounding the presumption of a grace period. Rounding for time keeping purposes is completely different than employees being allowed a grace period for lateness.

The federal Fair Labor Standards Act (FLSA) establishes time keeping regulations for rounding hours worked. Rounding hours worked to the nearest 5 minutes or one-tenth or quarter of an hour is acceptable. It’s assumed the rounding method used averages out so that the all of the time actually worked by the employee is properly counted and the employee is fully compensated for all the time actually worked. However, employers must ensure the rounding method used does not result in failure to accurately count all hours actually worked.

This entry was posted on Monday, June 2nd, 2014 at 8:42 pm and is filed under
Attendance Management.
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