I’m in a situation with my manager who is suggesting that clock-in starts when the employee arrives to the site of work. Effectively saying that everyone should be coming in 15 minutes earlier than their start time.
The majority of what I read online was about security checks when leaving the premises instead of entering. And the results of a couple class actions seem like the law has loose interpretation.
Wondering what your experiences have been like dealing with this situation. Are you paid for your time traveling on company premises?
For ref this takes place in California.
As soon as you are doing the things that your company has ordered, you are working.
This includes enduring the security check.
2014 unanimous Supreme Court case says that they do not need to be paid. State law may require otherwise though. Believe there was a PA case recently that ruled they did need to be paid.
Wouldn’t that definition also include time spent commuting?
Sometimes. Generally the.company doesn’t order you to live where you do. If you want paid commuting time they will tell you to move next door so your time is 1 minute (that zoning doesn’t allow this or someone else lives there isn’t their problem ).
If you are told to travel from one office to another though you should be paid for your time. If they transfer your office they may owe you moving expenses so your commute isn’t too long ’
If you are told to travel from one office to another though you should be paid for your time
This is actually law in the 'states. If you need to travel further than your normal commute you are paid for your travel time from your normal location to the new one and if you drive your milage is paid at a rate of 67¢/mile off the top of my head. I worked IT at a rural bank for a while and had to expense my milage pretty often as I went to branches 30-50 miles away to swap computers and whatnot
Good question. Generally No.
Your duty to come to work is part of your work contract. But not the question where you come from, or where you go after work. That’s your decision and your private time.
If it is different, for example if they order you where to live, then that must be compensated.
Contact HR. Ask for clarity. They won’t want a potential class action on their hands depending on the size of the company/state law.
If not satisfied with the answer, contact the state board of labor. They should be able to give better answers then random internet strangers.
Just remember that HR serves the company, not the employees. You want to phrase things so that you aren’t seen as the primary problem. It’s you and the company Vs the potential problem (in this case, the manager’s policy), not you Vs the company.
If I’m not paid for ALL the time I am required to be on-site and available to my employer (including for security purposes), I’m finding another job asap. Don’t give your time away without being compensated for it.
Since you’re in California, you’ll want to read up on this case. https://shawlawgroup.com/2020/02/california-supreme-court-apples-employee-bag-checks-are-hours-worked/
TL;DR: Required checks? Must be paid (maybe even retroactively; contact a lawyer). Optional checks? Ehh, maybe. It gets complicated. Contact a lawyer.
Working in the security field, I punch in right before I could be reasonably expected to perform any work duties. That typically means, punching in right after I park, or right after I enter the post and talk to whoever is on duty. If I had to go through a security screening for work, I would absolutely expect to be paid for it (so punch in prior).
I have a friend who works at a chain fast food restaraunt in an airport. Employees at the airport locations get $2 an hour more than regular stores to compensate for the “off the clock mandatory site requirements”
The line here is always arbitrarily set, so you’d want to look up what it is at your specific company. At what point does your personal commute to work end and your work begins? Does it start once you sit in your chair? Step into your office? Walk through the door? How about once you park your car? If you’re available by phone, you can start working your day while in transit. Working from home blurs that distinction further. It’s all arbitrary and usually outlined as a company policy.
For example, my last company’s policy was “be onsite to punch in at a terminal by XX.” The previous company’s were basically “who gives a shit, we’re never gonna check. If not being present on time causes any problems, it’s on you to fix them. Be an adult.”
So yeah, your mileage may vary.
The line here is always arbitrarily set, so you’d want to look up what it is at your specific company.
There are very likely laws defining where that line can be set, as Dippy’s comment suggests. It is very likely that the employer is legally obligated to pay an hourly employee for any time they require that employee to be on site, which would include employer-mandated security checks.
You just reminded me of my first job (call center)
My shift officially started when I logged in and set my terminal to “available”
Problem was that the parking lot was very small so sometimes I had to wait for someone to leave to be able to park, then try to find an open computer close to my area and then sometimes said computer took a long time to log off/on so by the time I could set my terminal I was already “late”
My first manager was great and I would send him an SMS as soon as I walked to the building and he would override the system if I logged in late, but my second manager told me to arrive half an hour early to avoid any issues. I quit that job shortly after that
Deciding how much wage theft to do is not valid “company policy.” The law is not arbitrary.
If you’re hourly, you must be on the clock the moment you answer the call, or open your work laptop, etc.
If you’re salary exempt, it’s more about expectations than paid time anyway.
