GNYADA May 2017 Newsletter

Time Records: When to Round Up/Down 10

A dealer may implement a policy requiring management consent before an employee can clock in early or out late and discipline them for failing to do so, but employees must always be paid for all time worked, even if it has not been authorized. 3. Do employees have to be paid for time spent changing into and out of uniform? Courts have generally said that employees do not need to be compensated for the time it takes to change into and out of a standard uniform because: These activities are not “integral and indispensable” to the employee’s principle activities; The time spent in these activities, provided it is under 10 minutes, is trivial If dealership employees have a collective bargaining agreement that specifies how hours must be tracked, its terms must be followed. Timekeeping questions are just some of the inquiries that ERP regularly answers. In addition to expert employment advice, ERP members have access to resources such as employee handbook kits, and one complimentary registra- tion to GNYADA’s Labor Law Seminar. To become an ERP member or register for the Spring Labor Law Seminar ($150 for non ERP members), please contact Phyllis at 718.746.5900 or PhyllisA@gnyada.com . n n

Some of the most frequent inquiries made to GNYADA’s ERP Hotline focus on how to properly track workers’ hours. Recently, a member dealer called the hotline with three important questions touching on this issue: 1. Can my dealership round an employee’s time up or down (i.e. if an employee clocks in at 8:25, can that be rounded to 8:30)? While a dealership can round hours worked, it cannot round by more than 15 minutes. This policy must be con- sistent and must not benefit only the employer, meaning an employer cannot round down when an employee clocks out late but round up when (s)he clocks in early. Applying the “7 minute rule” is the easiest way to ensure consistency. If an employee clocks in for an 8:00 shift at 8:07, round the time down to 8:00; if (s)he clocks in at 8:08, round up to 8:15. 2. Do employees have to be paid for the time between clocking in and actually beginning work; for example, if an employee clocks in at 8:15 for a shift that begins at 8:30? Employees must be paid for all time worked. If an employee clocks in early for a shift but then gets coffee and chats with coworkers, the employer can edit the employee's time-card to reflect this period of inactivity. (The time-card edits should be shown to, and initialed by, the employee.) If, on the other hand, the employee clocks in early and begins to work early, they must be paid for this pre-shift period of time.

GNYADA Wins Environmental Honor

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In recognition of its green initiatives, GNYADA’s Center for Automotive Education & Training was awarded 2017 Gold Status by the IACC’s “Code of Sustainability” accounts for environmental efforts, such as energy efficiency, waste man- agement, recycling, water conserva- tion, and more. International Association of Conference Centers (IACC).

Since the Center was built more than a decade ago, it has operated as a highly ecofriendly facility. Design features include standard conserva- tion measures (such as automatic faucets and motion-sensitive lights) as well as innovative energy saving tools (like automatic temperature con- trols and chilled- and hot-water pumps). In 2012, the Center was equipped with solar panel installa-

tions from which the building now draws roughly 12% of its power. The Association is proud to have earned this honor and to have the Center serve as an example of ecological responsibility.

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • May 2017 7