California Time Clock Laws - A Complete Guide (2024)

Jun 20, 2024 | By Ottinger Employment Lawyers | Read Time: 4 minutes

California Time Clock Laws - A Complete Guide (1)

If you’re an employee in California, make sure your employer pays you for your time and lets you rest.

Under California labor law, employers are not required to offer mandatory grace periods for clocking in and out.

However, employers have the option to provide a voluntary 10-minute grace period for employees when they clock out. This flexibility aims to enhance the ease of clocking in and out for California workers.

California law takes proper employee compensation and break times seriously.

If an employer violates California time clock laws regarding employee breaks and compensation, they might have to pay damages.

To receive damages for time clock violations, employees need to know their rights and their employers’ obligations.

You can reach out to us through our online contact form or give us a call at 866-328-0486.

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I. California Time Clock Laws Regarding Compensation

I.I. Is It Legal For Your Employer to Round Hours?

I.II. Clocking In Before Scheduled Start Time

II. California Time Clock Laws Regarding Meal Breaks

III. What If My Employer Doesn’t Comply with the Time Clock Laws in California?

IV. Contact an Attorney to Claim What You’ve Earned

California Time Clock Laws Regarding Compensation

California law typically requires your employer to timely and regularly pay you for all your working time.

California timekeeping requirements also obligate your employer to keep detailed records of your payroll history and make them available to you.

Is It Legal For Your Employer to Round Hours?

If you inspect your payroll records, you might notice that the amount of time your employer pays you for doesn’t always match the amount of time you actually work.

This is likely because your employer engages in rounding hours. Some employers round the hours or minutes their employees work to simplify payroll calculations.

An employer might round your working time to the nearest minute, six minutes, quarter-hour, or other amount. Your employer might round your hours up or down.

Since time clock rules for hourly employees require that California employers pay for all working time, is hour rounding legal? Rounding hours worked in CA can be legal, but it depends on the details of your situation.

In AHMC Healthcare, Inc. v. Superior Court, the California Court of Appeals decided that an employer’s pay policy that rounded hours worked to the closest quarter-hour were legal since:

  • The policy was neutral on its face;
  • The policy was neutrally applied; and
  • The policy didn’t result in systematic undercompensation of employees.

This means that if a rounding policy rounds up and down, is not applied to only reduce employee hours, and doesn’t result in constant undercompensation, it’s probably legal.

Some California wage laws also closely follow federal law. Under federal law, an employer can round down working time lasting seven minutes or less.

This can be disappointing, but the California Court of Appeals indicates that employees should at least break even in a rounding system if they work long enough.

Clocking In Before Scheduled Start Time

If an employee in California clocks in for work before their scheduled start time with permission from their employer, it generally shouldn’t pose an issue. California labor law allows for flexible clock-in practices when authorized by the employer. However, it’s crucial to ensure accurate record-keeping and payroll management. In California, every minute an employee works must be compensated according to state labor regulations.

In California, salaried employees are not required by law to clock in and out, especially if they are exempt from overtime regulations. The decision primarily lies with the employer.

Have a time clock dispute in California? Our team of established California labor lawyers are here to help. Contact us today to get this matter sorted out at once. Contact Us

In California, nonexempt employees must accurately record their hours worked. This can be done using a time card, an electronic time-keeping system, or a handwritten record.

Accurate timekeeping is essential to ensure compliance with state labor laws and to guarantee that employees are compensated correctly for all hours worked. Employers must inform their employees of the method used for recording work hours.

California Time Clock Laws Regarding Meal Breaks

California law requires that your employer give you a 30-minute, unpaid meal break if you work more than five hours in a workday.

The amount of meal breaks you must receive increases with the amount of hours you work. There are some exceptions to this rule.

You can waive your meal break if you and your employer agree, and you don’t work more than six hours. You can also waive your second meal break in a 10 to 12-hour shift, as long as you and your employer agree.

While there are some exceptions to the meal break rules, they generally apply to hourly and salaried employees alike.

And if your employer doesn’t give you proper, uninterrupted meal breaks, you could have a right to premium pay.

Contact Us Schedule your flat-rate consultation.

Schedule your consultation today.

What If My Employer Doesn’t Comply with the Time Clock Laws in California?

If your employer denies you proper breaks or pays you according to an unlawful hour-rounding policy, you can file a wage-and-hour claim with the California Department of Industrial Relations.

You have one year to file a complaint if your employer fails to supply you with your payroll records. You have three years to file a complaint if you don’t get paid for all your hours or you don’t receive proper rest and meal breaks.

The time you have to file a complaint can pass quicker than you think. This is why you should contact an attorney as soon as you suspect your employer has violated your rights.

Your attorney can meet your filing deadlines and handle your claim while you tend to your other obligations.

Contrary to popular belief, you aren’t always at the mercy of your employer. Your employer needs to pay what they owe you and provide the rest times you deserve.

At Ottinger Employment Lawyers, we are dedicated to helping wronged employees assert their rights. We have more than 20 years of experience, and we have helped thousands of employees.

If you’re having trouble with your employer, we hope you’ll reach out. Contact us online or call us at 866-328-0486.

California Time Clock Laws - A Complete Guide (2)

Robert Ottinger, Esq.

Robert Ottinger is an employment attorney who focuses on representing executives and employees in employment disputes. Before starting his firm, Robert slugged it out in courtrooms trying cases for the government. Robert served as a Deputy Attorney General for the California Department of Justice in Los Angeles and then as Assistant Attorney General for the New York Attorney General’s Office in Manhattan.

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California Time Clock Laws - A Complete Guide (2024)

FAQs

What is the timekeeping law in California? ›

In California, nonexempt employees must accurately record their hours worked. This can be done using a time card, an electronic time-keeping system, or a handwritten record.

Can your boss text you off the clock in California? ›

Neither is legal. California off-the-clock work law doesn't allow employers to get away with this conduct.

Is the 7 minute rule legal in California? ›

If an employee's time falls between 1-7 minutes, it can be rounded down. However, if it's between 8 and 14 minutes, employers must round it up, counting it as a quarter-hour of work.

Is there a grace period for time clocks in California? ›

In California, there are no mandatory grace periods. But as an employer you may choose to provide an employee with a 10 minute grace period for when they clock out. This grace period is voluntary and you've done so to grant employees flexibility when clocking in and out.

What is the 7 minute rule for time keeping? ›

If they clock in between 0-7 minutes past the quarter-hour mark, it's rounded down, and if it's 8-14 minutes past, it's rounded up. For instance, clocking in at 8:07 AM becomes 8:15 AM, while 8:14 AM remains 8:15 AM.

What is the 4-hour rule in California? ›

Employers cannot pay employees for less than two hours or more than four hours at the employee's regular pay rate under this law. Reporting to work constitutes: Being present at your workplace at the start of your scheduled shift. Logging into a computer for remote work.

What is the 72 hour rule in California? ›

Under Labor Code Section 202, when an employee not having a written contact for a definite period quits his or her employment and gives 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, the employee is entitled to his or her wages at the time of quitting.

Can you clock in 5 minutes early in California? ›

To cut down on payroll errors, the boss dictates when employees are clocking in and out. And thus, employee hours are dictated by the time clock and legally, every employee must be paid for each minute they work. So, as long as you have permission to clock in early from an employer, it's fine.

What is the 5th hour rule in California? ›

Meal Break Obligations In California. You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.

Is time clock rounding legal in California? ›

In See's Candy, the California Court of Appeal ruled that an employer's time rounding policy is lawful if it is “fair and neutral on its face” and does not result in a failure to compensate employees accurately over time.

What is the time clock policy for employees? ›

1. Employees are required to clock in prior to their assigned start time, and must clock out when they go off duty. 2. Employees are required to clock out any time they leave the work site for any reason other than assigned work duties.

Can my manager force me to clock in early? ›

While employers can require you to clock in early, it is illegal to dock your pay if you are three minutes late. This is under the provision of the "7-minute rule."One provision of the Fair Labor Standards Act (FLSA) is that employers cannot dock your pay so long as you are less than 7-minutes late.

What are the laws for employer recordkeeping in California? ›

Government Code section 12946 requires that employers “maintain and preserve any and all applications, personnel, membership, or employment referral records and files for a minimum period of four years after the records and files are initially created or received, or for employers to fail to retain personnel files of ...

What is the time rule formula in California? ›

What Is California's Time Rule Formula? The time rule formula is used to calculate the division of retirement benefits earned by one spouse during the marriage. It divides the retirement benefits based on the proportion of time the marriage overlapped with the employment period.

What is the time keeping policy? ›

A timekeeping policy is a set of guidelines that a business establishes to monitor and record its employees' working hours. It typically addresses things like regular working hours, overtime, break time at work, vacation, sick leave, and other forms of paid or unpaid time off.

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