What to do if my girlfriend works in childcare and has been informed that she must be arrive on the premises 1 hour before her scheduled shift or she won’t be paid for that hour?

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What to do if my girlfriend works in childcare and has been informed that she must be arrive on the premises 1 hour before her scheduled shift or she won’t be paid for that hour?

Is that legal? Can you point me to a specific law I can show to her boss to get her to rethink this policy?

Asked on December 12, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The bad news is that your girlfriend can be required to show up an hour early; the good news is that if she does, she must be paid for that hour, too. Hourly employeees must be paid for all hours worked, including time simply "waiting around" if the employer requires them to come to the premises and wait for their shifts. This also means that if your girlfriend simply shows up on time, she must be paid starting when she shows up--again, an hourly employee must be paid for all hours worked. If your girlfriend is not paid for all hours worked, she could contact the state department of labor to file a complaint, or else sue the employer herself.


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