I believe my employer is violating FLSA but I want other opinions before filing with the Dept of Labor
Background information:
We utilize Kronos for our timekeeping. My shift is from 6AM until 2PM. Now let's say I am late getting out from work and clock out at 230PM. I can submit and receive 0.5 hours overtime pay.
All is good and happy with that. Any large amount of overtime I do I get paid for it.
The issue is with small amounts. Kronos rounds to tenths using 6 minute increments as the rounding up point (58 minutes becomes 1 hour pay, 52 minutes becomes 0.9 hours, etc). Following the rounding points all the way down at 10 minutes Kronos SHOULD round me to 0.2 hours pay and at 4 minutes Kronos SHOULD round me to 0.1 hours pay. But my employer will not pay me overtime until 11 minutes. So if I clock out at 210pm, I should receive 0.2 hours pay, but I don't. They will not pay me overtime until it hits 11 minutes after my shift end time.
It's not a lot (0.1 or 0.2 hours at OT rate) if it happens once. But clocking out between 205pm and 210pm happens to almost all of our employees 2-3 times a week. So when you add up all of those 0.1's and 0.2's over a long period of time….it turns into a lot of money.
Is this actually an FLSA violation?