Do i supposed to get paid as soon as I clock in?

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Do i supposed to get paid as soon as I clock in?

I work in the oil field and my employer told us to come in an hour early because the parking lot is so far. Hours are 6 am to 6 pm a work day but they said to get there at 5 am. Should I be paid supposed to paid for that extra hour?

Asked on January 11, 2017 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

You are to be paid from the time that you are told to report to work (whether or not you are clocked in). This means that you should be compensated starting at 5:00 am, not 6:00 am. If you are not being properly paid, then you can file a wage claim with the Commission of Industrial Relations.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, as soon as you clock in, it is "work" time and you must be paid. If the "clock" is at the oil field (not the lot), that would be when you reach the field and clock in (since "commuting"--even including walking or shuttling from the parking lot--is not generally work time), but from that point forward, you must be paid--and if you are not, you could file a wage-and-hour complaint with the department of labor. Your employer has the power to direct you when to come in to work--but if they have you come in early for their convenience, then they have to deal with the consequence: starting to pay you earlier.


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