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If you have time clocks, be wary of overtime lost over time

October 2023 employment law letter
Authors: 
Steve Jones, Jack Nelson Jones, PLLC

Employers using time clocks frequently round time to the nearest quarter or tenth of an hour. This is permissible as long as it averages out that the time rounded down is offset by the time rounded up. However, the U.S. Court of Appeals for the 8th Circuit (which governs Arkansas) recently ruled that if the time rounded doesn’t average out, then the employer is underpaying employees in violation of the Fair Labor Standards Act (FLSA).

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