Can my employer force me to clock in at a later time than the one I’m scheduled?

UPDATED: Oct 1, 2022

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Can my employer force me to clock in at a later time than the one I’m scheduled?

I came into work 15 minutes early and my manager asked me to wait to clock in. I then waited for 45 minutes to clock in from my scheduled time. Is this legal? I was scheduled at 5 pm, came in at 4:45pm, and was forced by manager to clock in at 5:45.

Asked on September 13, 2018 under Employment Labor Law, Hawaii


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

Answered 4 years ago | Contributor

You only have to be paid from your scheduled start time. So for any time prior to that, you do not have to be compensated unless your employer makes you work. However, once your scheduled start time arrives and you are ready and able to perform your job duties, then you must be paid for that time whether or not you are actively engaged in such duties. This means that you should have been pm aid from 5:00 on.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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