Time clock rounding rules and the 7 minute rule

Employers may round punches to 5, 6 or 15 minutes, but only if the rounding is neutral. How it works and when it crosses the line.

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Most time clocks and payroll systems round punches rather than paying to the exact minute. Rounding is legal under federal law, and it is also one of the most common sources of small, repeated underpayments. Knowing how it is supposed to work lets you check whether yours does.

What the federal rule says

The Fair Labor Standards Act regulations at 29 CFR 785.48 allow employers to record start and stop times to the nearest 5 minutes, the nearest tenth of an hour (6 minutes) or the nearest quarter hour (15 minutes). The condition is that the practice must average out so that employees are fully paid for all the time they actually work over a period of time. Rounding is a convenience for payroll, not a way to shave minutes.

The 7 minute rule

The "7 minute rule" is simply quarter hour rounding to the nearest mark. A quarter hour has 15 minutes, so the midpoint falls between 7 and 8:

Nearest-mark rounding, with ties rounding up. The calculator on this site uses the same rule.
Actual punchNearest 5 minNearest 6 minNearest 15 min
8:028:008:008:00
8:038:058:068:00
8:078:058:068:00
8:088:108:068:15
8:118:108:128:15
4:524:504:544:45
4:534:554:545:00

When rounding is not neutral

Rounding becomes a problem when it only ever goes in one direction, or when it is paired with rules that make it one-sided in practice. Common examples:

Courts look at the actual results. If an audit of the punches shows the rounding systematically took time from employees over months, the employer owes the difference, regardless of how neutral the written policy sounds.

Early and late punches that are not work

A separate rule, 29 CFR 785.48(a), says an employer does not have to pay for minutes when an employee punches in early or leaves late but is not working, for example clocking in at 7:50 for an 8:00 shift and getting coffee. What matters is work, not the punch. If you are working during those minutes (setting up, answering calls, logging in to systems), they count, and they must be paid.

California is stricter

California has generally followed the federal neutral-rounding test, but in 2021 the California Supreme Court held in Donohue v. AMN Services that employers cannot round meal period punches, and that records showing short or late meal breaks create a presumption that a break premium is owed. Several California courts have also questioned rounding at all where the employer's system can record exact minutes. If you work in California, exact-minute timekeeping is the safer assumption.

Checking your own time

Keep your own record of actual punch times for a few pay periods and compare the exact total with the rounded one. Enter the punches in the time card calculator once with rounding set to none and once with your employer's increment. A few minutes either way from week to week is normal. A gap that always favours the employer is worth raising with payroll.

Frequently asked questions

Is the 7 minute rule a law?

Not by that name. It is the everyday name for rounding to the nearest quarter hour, which federal regulations permit as long as it averages out over time and does not consistently favour the employer.

Can my employer round my time down every day?

No. Rounding must go both ways. A policy or practice that always rounds in the employer's favour means the employee is owed the minutes that were cut.

Should I clock in early if my employer rounds?

Only if you start working. Minutes before your shift when you are not working do not have to be paid, and some employers discipline early punches. Minutes you actually work must be paid whatever the rounding policy says.