- May 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Employee Requirement to Clock In Early for Work
I am currently facing a situation where I am being required to arrive at the back of my 500-acre complex by 6am every day. This necessitates me to clock in as early as 5:45am and take the bus to the back of the complex. Furthermore, at the end of the week, all of my time worked is rounded up to a 6am start time. I am unsure if this practice is legally permissible.
## Explanation and Legal Analysis
The scenario described raises concerns regarding potential labor law violations, specifically concerning the issue of compensable work time and fair compensation for employees. Under the Fair Labor Standards Act (FLSA), employees must be compensated for all hours worked, including time spent traveling to a designated work location. Therefore, if the requirement to clock in early and take the bus to the back of the complex results in employees performing compensable work tasks, they should be properly compensated for this time.
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In my state, clock time rounding MUST favour the employee. I.e. rounding down is illegal, but rounding up is legal. Your situation sounds sketchy to me, as if they are having you clock in at 5:45 and then altering the times to 6, they are shorting you that time. The could argue that you are not actually working, but if you are taking job site transportation to the location of the job, that’s work. Company property, company vehicle, company clothes, to do a company job – that’s work time that should be paid.
I really wonder what a Dept of Labour investigation would turn up. If you report to DoL, you are protected and anonymized as well.
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Is there some alternative method for you getting to the work site? If you can drive up and clock in at the site where the work is actually done, do that. But if this is the only means to get to/from and the time clock is at the front of the site and not where the work is done… That’s different and worth a call to the Dept of Labor to inquire about more officially.
I feel like if you clock in and they just change your time that shouldn’t be legal but I had a friend that had to get on a company bus for 40 min to his job site and then he clocked in after the ride. To anyone that is helping OP, if what they’re doing is illegal, would what my friends company does be a legal loophole or would that still be illegal, as well, as it’s a company bus he has to ride.
No. There was a similar court case a few years ago and the courts held that if an employer requires employees to arrive 15 minutes prior to the start of their shift they are required to pay the employee that time.