If my son is scheduled to work a 5pm shift, can the employer make him wait to clock in until it is busier?

Asked on August 4, 2015 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the employer may not: an employee is working--i.e, on the clock and must be paid--whenever he is at the workplace for a scheduled shift. If the employer expects a slow day, it may tell him to not come in, or send him home early; but if it does not and has him at work, he should be on the clock and should be paid. You son may wish to contact the state department of labor, as this appears to be a wage and hour violation.

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