Can an employer make you punch in past time schedulesd if you are there?

UPDATED: Oct 1, 2022

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Can an employer make you punch in past time schedulesd if you are there?

I often times unlock the store with the manager and that’s always at 6 am. Lately the manager is always 5-10 minutes late. Over the past few months that’s added up to a few hours I have been sitting in my car waiting for her to show up after 6 am. My employeer said since I’m not working I dont get paid. Can they do that even

though I was on time and my manager wasn’t?

Asked on January 24, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were there when the employer told you to be there, that is work time. "Work" is not just being useful or productive; "work" is being someplace your employer told you to be, when they told you to be there. You are entitled to this pay, and are losing (on average; using 7.5 minutes per day) almost 40 minutes (2/3 hour) per week in pay. You could file a complaint with the state department of labor for unpaid wages.

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