Camp v. Home Depot California appellate answering question total time rounding for its non exempt employees was illegal. If an employercan capture and has captured the exact amount of time an employee has worked during a shift, the employer must pay the employee for all the time worked
Since 2012, when the California appellate court decided See’s Candy Shops, Inc. v. Superior Court, employers have presumed that so long as their rounding policy was neutral on its face. This conclusion was called into question in the recent case of Camp v. Home Depot.
the Sixth District California Court of Appeal held in Camp v. Home Depot that employers who utilize timekeeping systems that capture each minute worked by employees must fully compensate employees for all time worked, instead of rounding even if the rounding policy is neutral.
Camp v. Home Depot questions the continued viability of time rounding policies in California. Time rounding policies are lawful in California if the policy is fair and is used in a way that compensates the employees properly for all the time they have actually worked.