Employment Law

I operate Car washes in GA, TN, WI, OH, KY and MN. Due to the…

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I operate Car washes in...
I operate Car washes in GA, TN, WI, OH, KY and MN. Due to the nature of our business we often have employees show up before we have customers.

2 questions:

1-If an employee shows up before he/she is scheduled to work is it appropriate for him/her to wait in the lobby/break area until he/she punches in or should I keep them off of... Read full answer
I operate Car washes in GA, TN, WI, OH, KY and MN. Due to the nature of our business we often have employees show up before we have customers.

2 questions:

1-If an employee shows up before he/she is scheduled to work is it appropriate for him/her to wait in the lobby/break area until he/she punches in or should I keep them off of the property until punch ion time?

2-Can I ask an employee to not punch in until we are busy enough to use their services? Often I will tell an employee that I don't need them because of weathjer and they will ask if they can wait around to see if it gets busy.

Thanks!
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Answered in 3 minutes by:
4/15/2011
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience: Employment/Labor Law Litigation
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Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

1. If you aren't requiring them to show up and wait around, then it doesn't really matter that they are on the property. Now, if you don't even allow them on the property, that keeps anyone from claiming that you required them to wait around during what should be there own time.

2. No. At that point, you'd be controlling their location and behavior (you need to be here and wait), which is compensable time. You'd be subject to a Department of Labor complaint and investigation for doing that. Now, if you say "we aren't busy enough, so you're off" that's fine. If they choose to sit around, on their own, waiting to see if you get busy, that is their choice. It just can't be something that you tell them to do, like it's a duty or requirement; meaning that they should be equally allowed to just go home without penalty if they wish.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 21,182
Experience: Employment/Labor Law Litigation
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