Categories: Uncategorized

Clocking-In – How to Calculate Hours Worked

Are you an employer wondering if you can round hours to the nearest quarter of an hour?

Are you an employee wondering what hours count for overtime?

Check this out: if the employee clocks out at 36 minutes past the hour it can be rounded down to 30 minutes and if the employee clocks out at 37 minutes past the hour it can be rounded up to 45 minutes past the hour.  Pursuant to its Advisory Bulletins, Colorado Department of Labor permits this rounding of hours worked. However the rounding must be reasonable and benefit the employee as often as it benefits the employer. It also contemplates a 5 minute or tenth of an hour rounding not a quarter of an hour. Even if rounding does occur, it should be done in a way that ensures the employee is fully compensated for all hours worked.

As for working overtime, there is a requirement that all hours over 40 hours be compensated at 1.5 times the base rate. Overtime pay must be paid for the actual time worked over 40 hours per week.

How do these two concepts mix? Using the rounding method above, if an employee were to work eight hours and six minutes each day for a week, the employee would be entitled to 30 minutes of overtime for that week because he worked 30 minutes over the 40 hour limit. This conclusion is reached because of the language requiring payment for any work in excess of the 40 hour limit.

In other Labor Bulletins, the term “actual hours worked” is used. This language would imply that rounding is not permitted even in light of the most recent Labor Bulletin cited above. A conundrum?  Perhaps, but we would follow the most recent Labor Bulletin that allows rounding.

More questions? Contact us: Arnold & Arnold, LLP

Kris Jukola, Esq.

Recent Posts

Arnold & Arnold Helps at St. Francis Center

Beginning November 2017, attorneys at Arnold & Arnold began semi-monthly, free  legal consulting at the…

7 years ago

A&A Across the Finish Line

2015 saw a few new finisher medals hung around the offices at A&A. In May,…

9 years ago

Jean Arnold Invited to Serve on Executive Council for Real Estate Section of the Colorado Bar Association

A&A is proud to announce that Partner Jean Arnold has been invited to serve on…

9 years ago

2016 Client Appreciation Seminar

Come spend the day with the attorneys and paralegals of Arnold & Arnold getting up…

9 years ago

Rocky Mountain High – How Colorado’s New Law May Affect You

Amendment 64 became effective on January 1, 2014, allowing Colorado residents 21 and over to…

9 years ago

Arnold & Arnold Invites You to Enjoy an Afternoon of Chamber Music in June

Arnold & Arnold is proud to announce its sponsorship of a June benefit concert for…

10 years ago