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Rounding Employee Time in California—Even Via Neutral Policy—Creates Risk Under New Appellate Decision

November 14, 2022

Via: JD Supra

Despite evidence of neutrality in Home Depot’s time-rounding practices, the California Court of Appeal held that the plaintiff in Camp raised a triable issue of material fact regarding his claim for unpaid wages. Home Depot’s timekeeping system retains the times employees clocked, and the clock time for one named plaintiff showed that his clock time was more than the rounded time for which he was paid.

CASE BACKGROUND

In Camp,[1] the Court of Appeal for the Sixth Appellate District reversed a trial court’s 2021 decision granting Home Depot summary judgment as to the wage claims of one of the named plaintiffs, Delmer Camp. Home Depot used a timekeeping system that captured all time clocked by nonexempt employees to the minute. The system rounded each employee’s total shift times to the nearest quarter-hour.

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