[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR785.48]



[Page 651-652]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 785_HOURS WORKED--Table of Contents

 

                    Subpart D_Recording Working Time

 

Sec.  785.48  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



[[Page 652]]



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.