NJDOL Drafting Regulations Permitting Rounding of Hours

Rounding of employees’ time for the purpose of recordkeeping and determining wage payments (and overtime) is a practice that will soon be permitted under New Jersey law, according to the New Jersey Department of Labor (NJDOL). Previously, the NJDOL had taken differing positions as to whether or not even-handed rounding is permitted under state wage and hour law (as it is under the federal Fair Labor Standards Act, per 29 C.F.R. §785.48(b)). David Biglin, Bureau Chief at the NJDOL, confirmed at the May 11 NJ Chamber of Commerce Labor & Employment Law Seminar sponsored by Ogletree Deakins that the NJDOL is now in the process of drafting regulations to adopt the rounding standard under federal law.