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Labor/Employment,
California Courts of Appeal

Oct. 26, 2022

Appeals panel calls for review of employee time rounding

The 6th District Court of Appeal agreed with the plaintiff’s argument that federal regulations, such as those allowing rounding, shouldn’t be construed to apply where they aren’t explicitly adopted. The panel called for the state Supreme Court to review the issue of time rounding, particularly in light of technology that can track employee time precisely.

A trial court judge erred in ruling against a Home Depot employee who claimed he was underpaid by the company’s time keeping system, which rounds out work hours despite requiring punch cards, according to a ruling in the 6th District Court of Appeal.

With Monday’s ruling the appellate court agreed with the plaintiff’s argument that federal regulations, such as those allowing rounding, shouldn’t be construed to apply where they aren’t expli...

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