Rounding Up Employers: Seyfarth Files Amicus Brief In Important Pay Practices Case

Co-authored by Jeffrey Berman and Brandon McKelvey

We previously reported that a San Diego Superior Court found See’s Candy Shops violated California law by rounding employee time entries to the nearest six minutes, and that the California Supreme Court ordered the Fourth District Court of Appeal to review the case and decide the rounding issue. On Monday, Seyfarth filed the first amicus brief in the case. This brief was filed on behalf of the California Chamber of Commerce, the Employers Group and the California Employment Law Council.

For decades, employers throughout the country, including in California, relied on well-established state and federal law to round time entries to the nearest six, ten, or fifteen minute increments. There have been a growing number of class action lawsuits in California challenging employer rounding practices. California employers are closely watching the See’s Candy Shops case, as the ruling should provide much needed clarity on the issue. In the meantime, employers in California who currently round employee time entries should be aware of the potential threat for litigation and should review their rounding policies and practices with counsel to evaluate potential issues and exposure.