Can an employer keep you from clocking in at your scheduled time?

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Can an employer keep you from clocking in at your scheduled time?

I am scheduled to clock in at 11:00 am, but my boss sometimes tells me to wait until we are busy to clock in. Is this legal?

Asked on July 20, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is not even remotely legal: under the labor laws (such as the Fair Labor Standards Act, or FLSA), employees must be paid for all time worked--and worked does not mean "busy"; it means at the office/store/worksite, etc. when required to be there by the employer--and employers must keep accurate time records. Failure to do can result in a wage claim (i.e. say that you were in the aggregage shorted 15 hours in the last 2 years by being periodically and illegally made to wait before clocking in; in that case, you could file a claim for 15 hours of pay). If you wish to file a wage claim, contact your state's department of labor.


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