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sa911sea

7 minute rule

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I am looking for the actual code of rules and regulations for the 7 minute rule reguarding being late to work and how you get paid for it.

I understand it as if you arrive at work 7 mins before your shift up to 7 mins after your shift you are "on time" if you arrive 8 mins after your scheduled time to 22 mins after your scheduled time you should be docked 15 mins. If you arrive 23 mins to 37 mins you should be docked for 30 mins.

My employer reads it as every 7 mins you are late you are docked 15 mins of pay. So if you arrive 7 mins late you are docked 15 mins. If you arrive 14 mins late you are docked 30 mins. If you arrive 21 mins late then you are docked 45 mins of pay and for 28 mins late you are docked 1 hour of pay. So if you are scheduled for an 8 hour shift and arrive 224 mins late or 3 hours and 44 mins late you do not get paid for any part of the 8 hour shift you work.

I need to find the written law or code for proof to my employer of how it actually reads.

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I know of no such rule-regulations. If you're non-exempt, you're entitled to pay for all time worked. While the employer is free to round up or down for accounting purposes, they can't use a methodology that consistently screws the worker out of pay. Even seven minutes a day adds up over a pay period.

The employer's free to decide even thirty seconds late is not on time and take whatever action it sees fit, so long as you are paid for all time worked. The employer is not allowed to dock pay; again, a non-exempt worker must be paid for all time worked.

You can discuss a wage claim with the state labor dept.

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Under the 7 minute rule, clock in and clock out times on timecards are

rounded to the nearest quarter hour. It is called the "7 minute rule"

because the cutoff is 7 minutes after the clock-in time. So if an employee scheduled to clock in at 8 a.m. clocks in at 8:07 a.m., then the time is rounded to 8:00 a.m. If the employee clocks in at 8:08 a.m., the time is rounded to the next quarter hour, 8:15 a.m. The are other rounding intervals when using time clock systems, the "7 minute rule" is just one of them. Some companies use exact time (meaning no rounding). Others use a tenth of an hour rounding method, meaning the time is broken up in 6 minute intervals and there is 3 minute rounding. There are also companies that use the quarter hour intervals, but instead of the 7 minute rounding, they use a 3 minute rounding. There may be other variations.

¼ hour rounding, "7 minute rule"

Punch-in.......Round

1-7..................:00

8-22................:15

23-37 .............:30

38 - 52 ...........:45

53 - 59 ...........:00

After a quick search I was not able to find any information on rounding time in the state of New York. You can continue to research by accessing the NYS Department of Labor website (labor.state.ny.us) and New York State Labor Law (public.leginfo.state.ny.us). Contact the NYS Department of Labor for the specific law. I was able to locate the federal law on rounding practices (29 CFR 785.48 - Use of time clocks) on the U.S. Department of Labor website (dol.gov). The law really just recognizes that organizations have been using this rounding method for time clocks in the workplace and that this practice of computing work time is legally acceptable as long as the employee is being compensated properly for all the time they actually worked.

Good luck with your research.

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