Is it legal if our employer makes us wait to clock in?

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Is it legal if our employer makes us wait to clock in?

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Asked on June 16, 2019 under Employment Labor Law, California

Answers:

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

Answered 1 year ago | Contributor

If your employer has you wait at your place of work without giving you the ability to come and go as you choose, then that is considered to be compensable work time. This means that you must be paid for it. This is true even if you are not officially "on the clock". If your employer is doing this to you, they are breaking the law. At this point, you can either contact your state's department of labor to file a wage claim or you can consult with an employment law attorney.

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

Answered 1 year ago | Contributor

If your employer has you wait at your place of work without giving you the ability to come and go as you choose, then that is considered to be compensable work time. This means that you must be paid for it. This is true even if you are not officially "on the clock". If your employer is doing this to you, they are breaking the law. At this point, you can either contact your state's department of labor to file a wage claim or you can consult with an employment law attorney.


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