Can your employer make you wait to clock in until things get busy?

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Can your employer make you wait to clock in until things get busy?

I work in a restaurant. They will tell us to come in around 4 pm and sometimes wait for a hour for us to clock in.

Asked on December 11, 2016 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They can adjust when you *show up* to work--i.e. they can tell you to not come in until later then usual, if it looks like it will be a slow day. Or you can be sent home early if it's slow. BUT if you are at work and not sent home but instead are required to stay, then you are working and must be paid--i.e. you must be allowed to clock in when you show up at work. Being at the worksite when the employer wants you to be there *is* to be at work. So no, the employer can't make you be at work but not let you clock in or start paying you immediately. You must be paid for all time at work. If the employer does not pay you for all time at work, he is violating the labor law (such as the Fair Labor Standards Act, or FLSA). If this happens, you could contact the department of labor to file a wage and hour complaint.


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