Found an issue on this page? Let us know and we will look into it as soon as possible.
If I clock in 5 minutes early and clock out 5 minutes later than what I am scheduled, is my employer required to pay me?
Anonymous2 views4 answers
If so, I would like the exact article from the California Labor Law. My employer said that they do not have to pay me for clocking in 5 minutes early or clocking out 5 minutes late, even though it is productive working time and not me just sitting, because I am not scheduled for that time. I work in customer service and it is near impossible to open my booth without giving myself at least 5 minutes of time to set up. My manager said that we should be getting paid for all of the time that we are here, but upper management told us that we are only paid for what we are scheduled for.
Your question relates to an issue called time clock "rounding." The practice, when used properly, sets a range of time before and after a designated start and stop time where the employee is allowed to punch the clock and still be timely. Properly administered neither the employee nor the employer should be taking advantage of the ranges, meaning it would be inappropriate for an employer to set a 5 minute range and then require the employee to punch in 5 minutes early at the beginning of a shift and 5 minutes late at the end of the shift. Such a policy would likely be unlawful.
Good luck to you.
Take a look at See’s Candy Shops, Inc. v. Superior Court. The court in that case held that employers may round employee timecards to the nearest tenth of an hour if the rounding policy (a) is fair and neutral on its face and (b) “is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all time they have actually worked.”
If your employer is only rounding down, never up, then their rounding policy is likely unlawful. But if they round both ways and overall it roughly averages out, there is no violation. Consider this, though: even if you are entitled to compensation for the additional five minutes you are working at the beginning and end of your shifts, your employer is entitled to set your work schedule. You don't get to decide you need to come in earlier to set up, and if you consistently fail to clock in and out as your employer asks, they may lawfully discipline or even terminate you.
Are these few additional minutes of work time worth putting your job on the line? Perhaps you'll have a wage claim for a few bucks, but you'll be out of a job with little hope of a positive reference from your employer.
You are entitled to be paid the hours actually worked and not scheduled hours. However, as pointed out by my colleagues "actual hours worked" is subject to rounding.
If your manager knows you are working an extra 10 minutes a day and lets you keep doing this, then you may be entitled to that pay. But when upper management finds out, which seems to be the situation, they can put an end to it. Ultimately, you need to comply with company requests for when you are working and not working, and not going off on your own deciding your own hours.
My colleagues have provided excellent answers to your question. I would only add that it is unclear from your description whether you are choosing to come in 5 minutes early to set up or whether you really have to in order to do your job properly. To put it another way, if you clocked in as scheduled, will your manager complain about the few minutes you take at the beginning of your shift to set up your booth? If so, then they really are requiring you to start work 5 minutes before your scheduled time, and you should be getting paid for that. Whether you want to make an issue out of 5 minutes of pay is, of course, something you have to think about.
