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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Hours Worked |
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| Recording Working Time |
29 CFR 785.48 - Use of time clocks.
- Section Number: 785.48
- Section Name: Use of time clocks.
(a) Differences between clock records and actual hours worked. Time
clocks are not required. In those cases where time clocks are used,
employees who voluntarily come in before their regular starting time or
remain after their closing time, do not have to be paid for such periods
provided, of course, that they do not engage in any work. Their early or
late clock punching may be disregarded. Minor differences between the
clock records and actual hours worked cannot ordinarily be avoided, but
major discrepancies should be discouraged since they raise a doubt as to
the accuracy of the records of the hours actually worked.
(b) ``Rounding'' practices. It has been found that in some
industries, particularly where time clocks are used, there has been the
practice for many years of recording the employees' starting time and
stopping time to the nearest 5 minutes, or to the nearest one-tenth or
quarter of an hour. Presumably, this arrangement averages out so that
the employees are fully compensated for all the time they actually work.
For enforcement purposes this practice of computing working time will be
accepted, provided that it 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 the time they have actually worked.
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