If I am required to be at work at a specific time, shouldn’t I be ‘on the clock’ when I arrive at work?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am required to be at work at a specific time, shouldn’t I be ‘on the clock’ when I arrive at work?

As a pest control tech, I am required to be at the office by 700 am. I am told
not to punch the clock while I load my truck and then travel to my first job.
Then I can ‘punch in’ via my computer. That can be as late as 800. In the
evening, when I leave my last job, I am required to go back to the office to turn
in my work. I am told to punch out when I arrive at the office but then I have to
wait another hour before it is my turn to turn in my work. Shouldn’t I be paid
when I arrive at the office in the morning? Then in the evening, be paid for all
the time I am required to be there?

Asked on April 17, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are correct: your workday starts when you first arrive at the first location (typically, and in this case, the office) at which your employer requires you to show up; and your workday ends when you finish the last task (e.g. turning in your work) required by your employer. Obviously, there are some limitations: if you voluntarily showed up earlies than necessary, your employer doesn't need to start paying you until the time they told you to begin working or to show up; and if you, say, took an hour off after your last call to get dinner, before then turning in your work, they don't have to pay you for that hour. But you do need to be paid for all hours that you are someplace they require you  to be and/or doing work. You also need to be paid overtime if/when you work more than 40 hours in a week. If you are being short paid, you could file a wage complaint with the state department of labor, to recover unpaid back wages.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption