QUESTION
Is it legal for your employers to make you come to work 15 minutes early and not get paid for it?
Asked on Apr 02nd, 2013 on Labor and Employment - Colorado
More details to this question:
I work in a hotel as a front desk clerk. All the front desk clerks have to arrive 15 minutes early to start our shift. We stand for 8 hours sometimes without breaks. There is no chair or table to sit on for a break so we have to stand and eat our lunch. On top of that, we have to arrive 15 minutes early without pay. Will someone tell me is this is legal?
9 ANSWERS
No, you must be paid for every minute you work. Two suggestions: 1) first go to Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ That has info on how to file a complaint. They will prosecute the complaint. 2) Google this: wage and hour law This search should take you to many firms that give advice on their web pages.
Answered on Apr 03rd, 2013 at 8:19 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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If you are required to come to work 15 min early each day, then you should be paid for it. So, you will have a claim for hours/wages owed and for unpaid breaks. Start by going to the California Labor Commission.
Answered on Apr 02nd, 2013 at 2:36 PM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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On the facts you give, it is not legal.
Answered on Apr 02nd, 2013 at 2:29 PM
Bruce A. Coane
Sounds pretty oppressive. It's only "illegal" if there's a law that makes it illegal. In Texas, I'm not aware of any Texas law about standing, no breaks, etc. On the other hand, there are laws about being compensated properly, and one could argue that you are entitled to the pay for the 15 minutes each day.
Answered on Apr 02nd, 2013 at 2:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Contact the Idaho Department of Labor. You should be entitle to a hour lunch break and 2 15-minute breaks as well. I am not sure about the 15 minute thing because in order to be at work in time, you do have to be there a little early. I don't see how your employer could dock you if you are there 5 minutes before your shift starts.
Answered on Apr 02nd, 2013 at 2:29 PM
Probably not. You should contact an attorney or the Wisconsin Equal Rights Division/Wage & Hour Section to find out your rights.
Answered on Apr 02nd, 2013 at 2:28 PM
ERISA Attorney serving Alpharetta, GA
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The Sharman Law Firm
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It is not legal to make you work without pay.
Answered on Apr 02nd, 2013 at 2:28 PM
No, you have to be paid for your prep time. You could be a class representative on a class action for all the desk clerks that racked up uncompensated time. You should seek an attorney or file a charge with the wage and hour division of the Department of Labor and Industries.
Answered on Apr 02nd, 2013 at 2:28 PM
Business and Class Action Litigation Attorney serving Denver, CO
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Kutak Rock LLP
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As you describe, it would be a legal violation of the applicable wage and hour laws for your employer to require you to work without compensation. Additionally, you are legally entitled to breaks during your 8 hour workday.
Answered on Apr 02nd, 2013 at 2:28 PM