If we have to abide by rules that intrude into our personal life before clocking in, does the employer have to pay us the minute that we are on company property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we have to abide by rules that intrude into our personal life before clocking in, does the employer have to pay us the minute that we are on company property?
We have a no smoking on company property policy which includes not smoking in your car.
Asked on June 25, 2017 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, they do not need to pay you simply because their rules may "intrude" on your life in some way. Employers may set rules about behavior that limit what employees may do in some way: for example, grooming or appearance codes prohibiting visible tatoos or piercings or requiring that hair be kept a certain way. Or, for another example, rules that you cannot be impaired at work, which limits your ability to drink in the hours before work. These rules clearly impact the employee much more than the rule you describe (no smoking on company policy) but do not require payment because these limitations do not mean that you are working on when you are not: it is not the fact that employment may limit your freedom to some degree that constitutes work, since any job limits your freedom in some ways; rather, it is only actually doing work for the employer that constitutes working and requires payment.
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.