Can I be made to clock in before the time that I am scheduled for?

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Can I be made to clock in before the time that I am scheduled for?

Our boss makes us come in 5 minutes before our shift starts to make sure we are a there on time. However, we only get back as of the time that we are officially scheduled to come in. In other words, ever working day I’m shorted by 5 minutes.

Asked on January 26, 2019 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

So long as you show up eady, willing and able to perform your work duties, then you must be paid as of the time that you report in. In other words, if your actual work hours differ from your scheduled work hours and this additional time is mandated by your employer, then you must pay you for that additional time. This is true as long as you are a "non-exempt" worker (i.e. typically one who is paid hourly).


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