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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17020
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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i clocked in to work at 457 i got to may work area at 503 it

Customer Question

i clocked in to work at 457 i got to may work area at 503 it is 300 yard walk or more i was ask to sign write up i said i fill like i had a x on may back could we do these with the manager and human resource lady they took me to the manager i ask him about paying me for the time it would take me to walk to my work area aside if i try to play the game and make them pay me that time he would play the game and fire me . i do not have any point i at work on time and work all days ask is what he did by threaten me legal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. However, I need some clarification from you about the facts here. Why were you written up, because you reported late to your workspace or because you clocked in too early? When are you supposed to be in your workspace and how early are you allowed to clock in? Are you saying that your employer only starts paying you from the time you are in your workspace or do they pay you according to when you arrive and clock in?
Customer: replied 1 year ago.
reported late to work area if i clock in before 5 or at 5 i am on the clock and no points they do not pay for early clock in before 5 their are people that clock in at 5 then walk to work area in other parts of plaint be in workspace at 5 they start paying me at 5 oclock
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the additional information. I am still not entirely sure what the situation is. I understand from what you have said that you are not allowed to clock into work before 5, however, you are to be in your workspace at 5. That really doesn't make sense because you can't be in two places at once. If the policy is that you must be in your "workspace" by the starting time, and the clock is elsewhere, then you must be paid for the time it takes to get from your clock in location to your workspace. Although it is lawful for an employer to say that an employee cannot clock in earlier than a certain time, they cannot then use that rule to discipline them if the reasonable time it takes to get to the workspace from the clock makes them late to the workspace. In other words, they can't use the rule as a sword and a shield.

So, if you are supposed to be at your work area at 5 (not just clocked in), and the reasonable time to get to your work area is 3 or 5 minutes (or whatever), then the employer must pay you for that time. They cannot lawfully take an adverse action against you for filing a wage complaint with the State for unpaid wages. They could, however, if their policies allow, take an adverse action against you for being late to work. So, you will want to make your decision about what you want to do in regards to this extra time based on what I have said about the law.

You might want to first sit down with HR and discuss the issues about when you are to be "allowed" to clock-in and the time it takes to get to your workspace to get their official position on that. It might be that your supervisor is not straight on the policy. If the company though is saying that you must be in your workspace at 5, but refusing to pay you for the distance from the clock to your workspace, then you can file a wage claim with the State and the company cannot lawfully terminate you just because you did that.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 18th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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