Delaplane, VA asked in Employment Law for Virginia

Q: Our company just changed payroll companies. They just started rounding our start time to 5am even if we are there.

we get paid every 2 weeks

at the end of the 2 weeks I was shorted an hour due to this.

They paid me later for the time but then started rounding it up again even though the clock in time sheet that we can print shows the real time we clocked in we are not getting paid until 5am start. They put nothing in writing and just started to do this. I start to work when I clock in. Shouldn't I be getting paid for every second.

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1 Lawyer Answer
Greg Mansell
Greg Mansell
Answered

A: A rounding practice that, over a period of time, results in a failure to compensate employees for all hours works violates the Fair Labor Standards Act (FLSA). This is federal law that is pursued in federal court and can be pursued by a law firm from out of state.

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