In Eyles v. Uline, Inc. (N.D.Tex., Sept. 4, 2009, No. 4:08-CV-577-A) 2009 WL 2868447, the employer moved for summary judgment on the plaintiff's claim for unpaid wages based on the employer's rounding policy. (Id. at p. 1.)
The evidence showed that the DOL had concluded the plaintiff was entitled to be compensated for unpaid overtime in the amount of $71.67. However, the employer argued it was nonetheless entitled to judgment as a matter of law because the DOL regulation permitted rounding.
The district court found the defendant did not meet its burden on this issue, noting the federal regulation allows rounding only when the rounding " 'averages out so that employees are fully compensated for all the time they actually work' " and the "summary judgment evidence shows that defendant's practice encompasses only rounding down, so that over time, plaintiff was not paid for all the time actually worked." (Id. at p. 4.)