How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11269
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

My employer requires me to be at work at 6am to set up for

This answer was rated:

My employer requires me to be at work at 6am to set up for the work day (a very heavy labor intensive work day on roofs), but I don't start getting PAID until 7am. Regular work day is from 6am-3:30pm. Today I worked until 6:30pm and it is unclear if those hours of work after 3:30pm will be logged. We also do NOT have a time log there is NO documentation of my or anyone's work hours. The amount of anxiety, pressure, and verbal abuse that I also endure has taken quite a toll on me as a person. I am honest man and want to make an honest days pay and get what I deserve, but this place is a living hell. What are my rights???????
Hello and thank you for entrusting me to answer your question. I am very sorry to hear that you are being worked so hard and not fully compensated for your time.

The good news is that the law does provide recourse in these circumstances. Specifically, the Fair Labor Standards Act requires employers to compensate employees for all time in which they are "suffered or permitted to work," which is generally regarded as all time in which an employee is under the control of their employer. Thus, if your employer asks you to come into work at 6:00 a.m., you are under the control of your employer beginning at that point in time and must be pad accordingly. The same goes for work extending beyond the end of your ordinary work day.

With regard to overtime, employees in the state of New Jersey are entitled to overtime for all hours worked in excess of 40 per week. So, if your hours, including all prep time and time that you continue working off the clock exceed 40, your employer MUST pay you at time-and-one-half.

You are correct in recognizing the need for documentation to support your claim. Although your own personal testimony is admissible in support of a claim for unpaid wages and overtime, it is always helpful to have additional evidence corroborating your case. This evidence can take many forms. Testimony from co-workers who know when you come and go from work, text messages to your boss confirming your schedule, emails, personal journals and logs, etc.

To file a wage claim with the New Jersey Department of Labor, see here: http://lwd.dol.state.nj.us/labor/wagehour/complnt/filing_wage_claim.html your employer will be legally prohibited from retaliating against you for making a claim, regardless of the claim's success.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
I just wanted to say thank you so much for your positive rating of my service and very kind bonus. It was truly my pleasure to be able to assist you.

If you have any further questions or concerns regarding the above, please do not hesitate to contact me in the future. I am available for followup at no additional charge.

Also, in the next day or so, you may receive a survey from Just Answer asking about your experience with me. I would be tremendously grateful if you'd take a moment to provide high marks, as your opinions are extremely valuable to the site.

Very best wishes to you.

Related California Employment Law Questions